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(영문) 대전지방법원공주지원 2017.07.20 2016가단22003
토지인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 19, 2005, the Plaintiff completed the registration of the right to claim ownership transfer on the ground of trade reservation on October 19, 2005, with respect to the land owned by the wife F (hereinafter “instant land”). On December 8, 2015, the Plaintiff completed the registration of ownership transfer on the ground of the completion of trade reservation on December 8, 201, and the Defendants purchased a building on the ground of H (hereinafter “instant building”) from G on March 9, 201.

B. Among the land in this case, the part D, which connects each point of the attached Table 1, 2, 3, 12, 11, 10, 9, 8, 7, 6, and 1 among the land in this case, shall have seven square meters of a concrete structure; the same appraisal map shall be indicated 6, 7, 8, 17, 16, 15, 14, 13, 12, 13, 4, 5, 5, and 6 square meters of a concrete structure and a wooden structure in the part D, which connect each point of which is located in the same line, are 6 square meters of a concrete structure and a wooden structure; 16, 18, 19, 20, 11, 10, 10, 10, 9, 8, 7, 6, and 14, and each of the above parts shall be attached to each of the above parts (hereinafter referred to as "a concrete structure or each of the above parts).

[Based on Recognition: Evidence Nos. 1, 2, 5, 16 of Evidence No. 2, Evidence No. 17-1, 2, 3, Evidence No. 17-2, 2, 3, and 2-6, 12, 24, and 33 of Evidence No. 1-2, and the result of the request for surveying and appraisal to the official branch of the Korea Land and Land Information Corporation, the result of the request for surveying and appraisal by this Court for the official branch of the Korea Land and Land Information Corporation, and the purport of the entire pleadings by this Court]

2. According to the above facts in determining the cause of the claim, each of the structures of this case is deemed to be owned by the Defendants together with the building of this case as either the underground walls of the building of this case or those attached thereto.

Therefore, the Defendants are each of the instant cases to the Plaintiff, the owner of the instant land, where each of the instant structures was installed, unless there are special circumstances.

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