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(영문) 부산지방법원 2018.07.12 2017가단319824
토지인도
Text

1. The defendant shall be the plaintiff.

(a) in paragraph 2 of the Schedule of Attached Real Estate on Land listed in paragraph 1 of the Schedule of Attached Real Estate.

Reasons

1. Facts of recognition;

A. Of the real estate listed in paragraph (1) of the attached list of real estate owned by the Plaintiff (hereinafter “instant land”) listed in paragraph (2) of the attached Table Nos. 36, 37, 38, 39, 40, and 36 of the attached Table Nos. 36, 37, 39, 40, and 36 among the real estate listed in paragraph (2) of the attached Table Nos. 1 of the real estate owned by the Defendant (hereinafter “the instant building”), the portion on the ground “cock” is 15 square meters of a building on the ground (hereinafter “cock”) and the real estate listed in paragraph (3) of the attached Table Nos. 41, 42, 43, 444, 46, 47, 19, and 41 among the real estate indicated in the attached Table No. 1 of the Real Estate List No. 1 (hereinafter “the instant building”) attached to the Plaintiff’s ownership, the part on the ground without permission is installed in sequence 466, 4424,454, and 54.

B. Of the instant land, the Defendant occupied the portion of “B” 571 square meters in the ship, which collectively connects each point of the attached Table 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 12, 13, 14, 15, 16, 17, 18, 47, 47, 19, 41, 40, 36, and 26 of the instant land, as the inspection site.

[Reasons for Recognition] A without dispute, each entry and video of Gap evidence 1 through 6 (including additional numbers), the result of this court's request for surveying and appraisal to the Busan East-dong Vice Governor of the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the defendant without title occupies the land of this case owned by the plaintiff, the defendant is obligated to remove both the sunken part of the building of this case and the building without permission installed on the ground of this case, and the part of the land of this case occupied by the defendant among the land of this case.

3. Conclusion, the plaintiff's claim of this case is justified.

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