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(영문) 인천지방법원 2015.07.21 2014가합54089
토지인도
Text

1. The Defendant shall make the Plaintiff temporary fences (family fences), rain pipes, and 22.9 KV. on the ground of 1,309m2, Seo-gu, Incheon, Seo-gu.

Reasons

(b) the facts of the basis;

A. The Defendant owned the instant land on August 30, 2013, Seo-gu, Incheon, Seo-gu (hereinafter “instant land”). However, on August 30, 2013, the registration of ownership transfer was completed in the name of K non-real estate trust in the name of the Defendant and K non-real estate trust company (hereinafter “K non-real estate trust”) based on the trust on November 24, 2009 between the Defendant and K non-real estate trust company (hereinafter “K non-real estate trust”).

B. On May 8, 2014, the K non-real estate trust concluded a sales contract to sell the instant land in KRW 3.4 billion to the Plaintiff, and accordingly, the registration of ownership transfer was completed on July 4, 2014 with respect to the instant land.

C. On the boundary line of the park on the south side of the instant land, 13 sn beam lines (H-300*200*9*14) are installed on the north side of the instant land [the sn beam beamline (the length of 9M, 6M in the earth) 22 and earth and sand board (judgment 150 x T10 x T10)], 13 sn beam beam lines (H-300*200*9*14) are installed on the north side of the instant land, and temporary electric snicks are installed on the north side of the

(hereinafter referred to as “instant structure”) d.

Part of the ground of the instant land is filled with a temporary fence, non-intersection, 22.9 KV special high power distribution team (main type), a temporary electric power distribution box, and three container stuffs (hereinafter “instant article”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, result of appraiser C's appraisal, purport of the whole pleadings

2. Determination

A. The fact that the plaintiff is the owner of the land of this case within the scope of one recognition as to the cause of the claim, and the fact that the goods of this case possessed by the defendant are loaded on a part of the land of this case are as shown in the above basic facts. According to such factual relations, it is reasonable to view that the defendant not only the goods of this case but also the part of the land of this case where the goods of this case are loaded are loaded on the land of this case under the social norms. Thus, the plaintiff

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