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(영문) 춘천지방법원 2017.12.06 2017가단52319
토지인도
Text

1. The Defendant is one of the total area of 725 square meters in Hongcheon-gun, Gangwon-do, the Plaintiff.

(a)each point of Attached Form 1 No. 1, 2, 10, 9, 8, and 1.

Reasons

1. In full view of the overall purport of the pleadings as a result of a request for the measurement and appraisal as to Gap's evidence Nos. 1, 2, 3, 4, 5, 6, 14, Eul evidence Nos. 1, 2, and 3 (including the number of branch numbers), and Eul evidence Nos. 1, 2, and 3 (including the number of branch numbers) as to the cause of the claim, the Plaintiff completed the registration of ownership transfer as to the whole of the pleadings with respect to Hongcheon-gun, Gangwon-do Seoul (hereinafter "Plaintiff-owned land"). The Defendant completed the registration of ownership transfer as to the land owned by the Plaintiff on November 18, 2015 with respect to the land of 725 square meters (hereinafter "the Plaintiff-owned land"). The Defendant shall complete the registration of ownership transfer as to the land adjacent to the Plaintiff-owned land with respect to the land of 237 square meters, E-25 square meters, and 336 square meters prior to F. 336 square meters, and shall be combined with the land of 35 square meters.

2. Judgment on the defendant's defense

A. The defendant 1) purchased the E large scale 258 square meters adjacent to the land owned by the plaintiff from around 1990 to develop a marina and a garden, and occupied the access road by packaging the access road, and possessed for at least 20 years from G around 2005, the plaintiff defense that the acquisition by prescription for the possession of the land of this case was completed by purchasing the trees and the access road 237 square meters prior to D, F, 336 square meters. 2) In addition, there is no evidence as to the fact that the defendant occupied the land of this case for at least 20 years. Even if the defendant occupied the land of this case from around 1990 to around 2010 and the acquisition by prescription for the possession of the land of this case was completed, the plaintiff thereafter occupied the land of this case.

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