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(영문) 제주지방법원 2018.07.13 2017가단239
토지인도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form No. 44, 45, 46, 47, 23, among the land size of 574 square meters in Jeju-si.

Reasons

A principal lawsuit and a counterclaim shall also be deemed to have been filed.

1. Facts of recognition;

A. The Plaintiff is the owner of 574 square meters in Jeju-si, Jeju-si (hereinafter “the Plaintiff’s land”). The Defendant owned the Flux 2,959 square meters in Jeju-si, adjacent to the instant land (hereinafter “the Defendant’s land”) and the building on the ground, and operated D up to December 31, 2014.

B. The Defendant, among the Plaintiff’s land in this case, installed a signboard sculpture (270 cm in length x 380 cm in length x 380 cm in height x 42 m2,23 and 44 m2 in order to connect each point of the (f) section of the attached drawing No. 44,45, 46, 47, 23 and 44 m2. The Defendant occupied and used the part of the Plaintiff’s land, which connects 25 m25 m2 as the entry into the Defendant’s land in this case, which is the part of (e) part of the signboard No. 25 m20 m200,000 in length, the part of the signboard No. 44,51,52,53, 54, 22 and 50 m2.

C. The Plaintiff, among the Defendant’s land in this case, has the right to dispose of stone fences and cement block structures (area 52 square meters, area 52 square meters, maximum 4 meters, and approximately 47.5 meters of area 52 square meters) located on the ground of about 52 square meters located on the (B) part of 54, 55, 56, 57, 58, 59, 60, 20, 20, 21, and 54 in order to each point in the attached drawing, which are located on the (b) part of 52 square meters on the ground, and the Plaintiff possesses the right to dispose of stone fences and cement block structures (area 57, 48, 49, 50, and 47 square meters of area 52 square meters of area in the above (b) part in the ship.

[Ground of recognition] In the absence of dispute, entry or video of Gap's Nos. 1, 2, 3 and Eul's Nos. 1, 4, 5, 7, 12, 14, and 15 (including paper numbers)

2. The plaintiff's main lawsuit, the confirmation of the defendant's right of passage and the defendant's right of passage prohibition

A. According to the above facts, the Defendant’s signboards installed on the ground of 4m2 in the above part of the Plaintiff’s land in this case, among the Plaintiff’s land, and artificial structures of tree type.

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