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(영문) 의정부지방법원 고양지원 2018.04.04 2017가단83405
토지인도
Text

1. The Defendant indicated in the annexed drawing among the 6,269 square meters of C Forest land in Pakistan to the Plaintiff, 36, 37, 38, 39, 40, 41, 21, 22, 23, 24, 25, among the 6,269 square meters of land in Pakistan to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 13, 1970, the Plaintiff completed registration of preservation of ownership of C forest land C, 6,269 square meters (hereinafter “instant land”).

B. Of the instant land, the Defendant used a fence installed by the boundary line or edge of 435 square meters in part on the ship which connects each point of 36, 37, 38, 39, 40, 21, 22, 23, 24, 25, 26, and 36, which are indicated in the attached drawing among the instant land, or a fence installed by the boundary line or edge of 435 square meters in part on the attached drawing, 42, 43, 44, 46, 22, 23, 24, and 42, which connects each point of 30 square meters in the ship with patrol, 200 square meters in the attached drawing, 47, 48, 49, 50, and 47, and all of the instant land connected to the instant building with each point of 435 square meters in part on the ground.

[Grounds for Recognition: Records Nos. 1 and 3; Records No. 2; Records of Evidence No. 2; Results of a request for appraisal to the branch office of the Korea Land and Information Corporation; the purport of the entire pleadings]

2. Assertion and determination

A. According to the above facts, the defendant is obligated to remove the building of this case and deliver the land of this case to the plaintiff, unless he has disclosed a legitimate title to occupy the land of this case.

B. In the process of distributing the Plaintiff’s self-owned land D or E before 40 years, the Defendant was registered in the building ledger with the location of the F land as the Plaintiff informed by the Plaintiff side. After that, the instant land was divided from the above group of land, and the actual location of the building and the public record book were changed. Since the Defendant paid the instant land usage fee to G, the son of the Plaintiff, among the Plaintiff’s descendants located adjacent to the house for 1995 and 23 years from 1995, there was a right to possess the land.

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