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(영문) 수원지방법원여주지원 2019.07.10 2018가단57099
토지인도
Text

1. Defendant D:

A. Of the 885 square meters Glue-gun Glue-gun of Gyeonggi-gu, each point is indicated in the attached Form 2, 3, 4, 5, and 2.

Reasons

1. Facts of recognition;

A. On December 5, 2014, the Plaintiffs acquired the ownership of 1/3 shares of each of 885 square meters in G Gyeong-gun, Gyeonggi-do.

Of the above land, stone festivals (hereinafter “the instant stone axis”) are constructed on the ground of part 42 square meters (hereinafter “instant land”) in the ship connecting each point of the attached Table 2, 3, 4, 5, and 2, among the above land.

B. Around June 2012, Defendant E newly constructed a house on the land of Gyeonggi-do H 455 square meters adjacent to the instant land. In the process of the construction of the said new house, Defendant E invaded the instant land and constructed the instant stone shed on that ground.

On August 19, 2013, Defendant E sold to Defendant D a house of Gyeonggi-gun H 455 square meters and its ground (including the instant stone shed). On October 17, 2013, Defendant E completed the registration of ownership transfer in the future.

[Ground of recognition] A without dispute, Gap evidence Nos. 1-5, Eul evidence No. 1 (including each number), the result of the appraisal commission to the two parallel branch offices of the Korea Land Information Corporation, the purport of the entire pleadings

2. Determination as to the claim against Defendant D

A. According to the facts of recognition under Paragraph (1) of the judgment on the cause of the claim, Defendant D owned the instant stone shed on the ground of the instant land from October 17, 2013 to the present date and possessed the instant land owned by the Plaintiffs, which is the relevant site. As such, Defendant D is obligated to remove the instant stone shed and deliver the instant land to the Plaintiffs [ insofar as Defendant D previously owned the instant stone shed, as long as Defendant D owned the instant stone shed, the fact that Defendant E constructed the instant stone does not affect the above conclusion.

[2] Defendant D’s assertion on Defendant D’s assertion argues that the instant stone site does not extend to the area of the instant land.

However, according to the result of appraisal entrustment to the Korea Land Information Corporation, the entire land of this case is provided as the site of this case.

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