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(영문) 대구지방법원 2018.04.12 2017가단119230
토지인도
Text

1. The Defendants order each point of which is indicated in the annexed drawing Nos. 1, 2, 3, 4, 5, and 1 among the land size of 273 square meters in Gyeongsan-si.

Reasons

1. Facts of recognition;

A. On April 12, 2013, the Plaintiff acquired land of Busan Metropolitan City (hereinafter referred to as “Seoul Metropolitan City”) and a single-story housing of 29.42 square meters, M land, and N land by sale.

On August 23, 2016, M/N land was merged into L land and became a large scale of 273 square meters (hereinafter “instant land”).

B. There are the O land owned by the Defendants, P land, and QU land owned by the Republic of Korea on North Korea.

On the other hand, each of the above lands has a house without permission owned by the defendants, and currently defendant C is residing in the above house.

C. On November 21, 2016, the Plaintiff conducted a boundary survey in order to construct a building on the instant land. Of the instant land, the part connected each point of the separate sheet Nos. 1, 2, 3, 4, 5, and 1, the Plaintiff confirmed that the land without permission owned by the Defendants (hereinafter “the instant building part”) was connected to the boundary of the instant land over the boundary.

On December 19, 2016, the Plaintiff filed a lawsuit against Defendant C, etc. for the removal of the instant building portion and the delivery of the land. On January 7, 2017, the Plaintiff and the Defendant agreed that “The Plaintiff withdraw the lawsuit, the Defendant C consented to remove the instant building portion, and deliver the said part of the building to the Plaintiff at the cost.” (hereinafter “instant agreement”).

E. The Plaintiff withdrawn the above lawsuit in accordance with the above agreement, and during the removal work, the Plaintiff discontinued the defect that Defendant C could no longer take place, and filed the instant lawsuit again.

[Ground of Recognition] Defendant C: A without dispute, each entry of Gap evidence 1 through 7 (including each number), and the remainder of the purport of the entire pleadings: The admission of confession

2. Judgment on the ground of the Plaintiff’s claim

A. According to the above facts, the defendants' removal of buildings and delivery of land against the defendants.

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