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(영문) 창원지방법원 진주지원 2018.01.26 2016가단35884
토지인도
Text

1. The Plaintiff:

A. Defendant C, D, E, F, G, H, I, J, and K are subject to each inheritance share stated in the respective inheritance shares of the Defendants in the annexed sheet.

Reasons

1. Facts of recognition;

A. On August 26, 2016, the Plaintiff completed the registration of ownership transfer with respect to the instant land with a large scale of 410 square meters (hereinafter “instant land”). On December 6, 2002, Defendant B completed the registration of ownership transfer with respect to the land adjacent to the instant land in Seocheon-si, Ma-si, Ma-322 square meters (hereinafter “instant adjacent land”).

B. On August 2, 2007, Defendant B’s accommodation N, around 1974, built a house, neighborhood living facilities,O, and other buildings on the adjoining land of this case (hereinafter “the building of this case”). Around August 2, 2007, Defendant D, E, F, G, H, and network P (Death on May 28, 1989), the spouse, was inherited by Defendant I, J, and K, the husband of Defendant C, children, and the deceased on August 10, 2009.

The inheritance shares of Defendant C, D, E, F, G, H, I, J, and K are as shown in the inheritance shares of the Defendants.

C. The instant building, among the instant land owned by the Plaintiff, intrudes on the part 7 square meters (hereinafter referred to as the “part 7 square meters (hereinafter referred to as the “instant div”) of the attached drawing indicating 18, 19, 9, 10, 14, 15, 16, 17, 17, and 18, connected with each of the items in the attached drawing table 18, 19, 10, 10, 14, 15, 16, 17, 17, and 18, and 21 square meters (hereinafter referred to as the “part 7 square meters (hereinafter referred to as the “instant div”) of the instant building and the part (c) part (hereinafter referred to as the “c) of the instant building connected each of the items in sequence with each of the items in the same drawing table 5, 6, 7, 21,20, and 21.

Meanwhile, Defendant B is residing in the building of this case.

[Ground of recognition] A without dispute, entry of Gap evidence 1 through 3 (including a branch number if there is a serial number), the result of the on-site inspection conducted by this court, the result of the appraiser R's survey and appraisal conducted by this court, the fact inquiry conducted by this court for the view of private viewing, the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, the Plaintiff, the owner of the instant land, inherited the ownership of the instant building, Defendant C, D, E, F, G, H, and I.

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