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(영문) 대전지방법원 서산지원 2017.02.08 2016가단50032
토지인도
Text

1. The Defendant, among the 185 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, has each point indicated in the annexed drawing Nos. 1, 2, 3, 6, 7, and 1.

Reasons

1. Basic facts

A. On September 3, 2009, the Plaintiff completed the registration of transfer of ownership on the ground of donation with respect to C & 185 square meters (hereinafter “instant land”).

B. The Defendant, among the instant land, loaded the spoke and the salted spoke in the part of item (a) (a) of 113 square meters (hereinafter “part (a)”) connected in sequence of the point indicated in the annexed drawing Nos. 1, 2, 3, 6, 7, and 1, of the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant possesses the part of item (a) owned by the plaintiff without any legitimate title to interfere with the exercise of the plaintiff's ownership. Thus, the defendant is obliged to collect the spoke and the salted spoke in the part (a) and deliver the part

3. Judgment on the defendant's assertion

A. The Defendant’s assertion, the Plaintiff’s father, D, and E, the Defendant, who was the Defendant’s 367 square meters in F. 367 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, claiming that the size of F land before division is 418.6 square meters in size. However, according to the statement in the evidence No. 2, the fact that the said land area

The Defendant’s assertion seems to be based on the result that the size of F-land was changed from 80 square meters to 131.6 square meters after partitioning due to the cadastral resurvey on September 22, 2015.

(hereinafter the location of real estate (hereinafter referred to as “real estate location”) purchased the purchase price of KRW 3.3 million, and the Defendant, among which the purchase price was KRW 1.2 million, KRW D, KRW 1.1 million, and KRW E, respectively. On October 28, 1993, the Defendant: (a) divided the above land into three parcels; (b) on October 28, 1993, D, which owned KRW 211 square meters out of the previous F land before subdivision, agreed to transfer the part of the instant land owned by D to the Defendant, which owned KRW 76 square meters in size; and (c) agreed to the part of item (a) and the part of G land bordering thereon (the line linked to each of the items of Articles 3 and 6).

The defendant.

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