beta
Text
1. The Defendant shall in the order of the Plaintiff each point indicated in the annexed drawing Nos. 1, 2, 3, 4, and 1 among the land size of 218 square meters in Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do.
Reasons
1. Basic facts
A. On February 3, 2017, the Plaintiff completed the registration of ownership transfer with respect to the land of 218 square meters (hereinafter “instant land”).
B. On September 1, 2015, the Defendant completed the registration of ownership transfer with respect to D & D 413 square meters (hereinafter “instant two land”) and cement block structure and 96.42 square meters (hereinafter “instant housing”).
C. Among the instant land 1 and 2, there are 40 square meters of road E-road in Chungcheongbuk-gun, Chungcheongnam-do (hereinafter “instant road”), and Young-dong-gun completed the registration of ownership transfer concerning the said road on July 1, 197.
The instant housing is located across the instant land and the road of this case, and part of the instant land is actually being used as the road.
In addition, on the ground of the part (A) of 30 square meters (hereinafter “the part in dispute of this case”) which connects each point of the attached Form 1, 2, 3, 4, and 1 among the land of this case, there are some fences and warehouses of the instant house.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is obligated to remove the fence and warehouse on the part (A) of 30 square meters on the land of this case, which connects each point of 1, 2, 3, 4, and 1 among the land of this case, to the Plaintiff, and deliver the said part (A).
3. Judgment on the defendant's assertion
A. The Defendant’s assertion that the land of this case 1 and 2 was owned by G as the first land F of the Chungcheongbuk-gun.
G around 1977, in the process of dividing a building into the above land and making registration of preservation of ownership, Dong-gun demanded the passage roads of neighboring land and was divided into the above land and the instant road.
However, unlike cadastral map, the actual road was built in part of the land of this case.