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(영문) 대구지방법원 서부지원 2018.11.21 2018가단309
토사수거
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 24, 2015, the Plaintiff is the owner who completed the registration of ownership transfer on February 10, 2015 as the receipt of No. 1980 by the Seo-gu District Court Seo-gu Branch Branch Branch Office of the Daegu District Court, which donated the H-gun 1979 square meters (hereinafter “H land”). The Defendants are each share owner (Defendant B, C, Defendant D, Defendant D’s 3/27 shares, E, F, and H, 2/27 shares, respectively) of the Jan-gun, Seo-gun, Seo-gun, Seo-gun, Seo-gun (hereinafter “J land”).

B. The Plaintiff filed a lawsuit against the Defendants on the ground that the Defendants occupied H land in pursuit of the Defendants’ possession, and filed a claim for transfer of land, etc. with the Daegu District Court Branch Decision 2017Gadan5499, and on October 26, 2017, the said court rendered a judgment that “the Defendant was handed over to the Plaintiff each point of (b) part (c) of the attached Form No. 1,2, 3, 4, 5, 6, 7, 8, and 1 of the 1979 square meters in line with the Plaintiff, among the 1,2, 3, 4, 6, 7, 8, and 144 square meters in line with the indication of the attached Form No. 144, B, C, D, F, H, and 247 square meters in line with each point of (hereinafter “the part of the instant intrusion”). The said judgment became final and conclusive on November 16, 2017.”

(hereinafter referred to as "related judgments"). (c)

As of February 23, 2018, H land and J land’s cadastral boundary point and the bottom of the embankment as of February 23, 2018, each point indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 7, 8, and 1, which are similar to the date of the closing of argument in the instant case, is connected in order to each point of which is indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 7, 8, and 1, the height difference of up to 3.67 meters in the case of (b) part of the ship, which is connected in turn,

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, and the result of appraiser K's appraisal (hereinafter "the result of the appraisal of this case"), the purport of the whole pleadings

2. The assertion and judgment

A. While the Plaintiff alleged that the Defendants occupied the part of the instant bed, there was a difference in height between H land and J land boundary due to construction by gathering soil and sand on the part of the instant bed part while the Defendants occupied the bed part.

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