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(영문) 전주지방법원 2018.06.12 2017가단12815
토지인도
Text

1. The defendant

A. Of the land size of 373 square meters in Donju-gun, Jeollabuk-do, Jeollabuk-do, each point is indicated in the attached Form 1, 2, 3, 9, and 1.

Reasons

1. Facts of recognition;

A. On June 7, 2001, the Plaintiff acquired ownership with respect to the land owned by the Plaintiff (hereinafter “Plaintiff-owned land”) of 373 square meters in Jeollabuk-do, Jeollabuk-do (hereinafter “D”), and the Defendant, as the head of the Plaintiff, acquired the ownership of E-gi 281 square meters in size, 76 square meters in size, F-owned land, and its ground and warehouse (hereinafter “Defendant-owned housing”) adjacent to the Plaintiff’s land around February 27, 1980.

B. In the case of a housing owned by the Defendant, the part of the housing owned by the Defendant is 20 square meters in the ship (A) connected each point of the attached Form 1, 2, 3, 9, and 1 among the land owned by the Plaintiff, and the part of the housing owned by the Defendant is 23 square meters in the ship (B) connected each point of the same land owned by the Plaintiff, among the land owned by the Plaintiff, with the indication of the same drawing.

C. Of the land owned by the Plaintiff, rent for which there is no deposit of 20 square meters and 23 square meters in part among the land owned by the Plaintiff is KRW 1,96,300 in total from June 1, 2007 to May 31, 2018, and KRW 23,850 in each month from June 1, 2018.

[Ground of recognition] The facts without dispute, Gap evidence 1-1-4, the result of this court's commission of measurement and appraisal to the completed branch of the Korea Land and Land Information Corporation, the result of the court's entrustment of appraisal by the appraisal corporation of this court, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to remove each of the items of (a) part of the Plaintiff’s land owned by the Plaintiff and deliver the said part of (a) and (b) the land to the Plaintiff by removing 23 square meters of the warehouse of the part of (b) the warehouse of the Plaintiff, which successively connected each of the items of (a) and (2), 3, 4, 5, 6, 7, 8, 9, and 20 square meters of the drawings, among the areas owned by the Plaintiff, and from June 1, 2007 to May 31, 2018, the Defendant is obligated to pay the Plaintiff the amount at the ratio of KRW 1,966, 300, and from June 1, 2018 to June 23, 2018, the aforementioned part of (a) and (b) the part of the land owned by the Plaintiff with the ratio of KRW 850,00.

3. The defendant's claim regarding the defendant's assertion is judged.

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