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(영문) 대전지방법원 2019.01.23 2017가단227698
토지인도
Text

1. Defendant G:

A. Attached Table 3, 5, and 11 attached hereto (attached Table 1) on the ground of 2,110 square meters prior to the I of Daejeon Seo-gu I.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The land of this case was owned by Defendant G with J and K, and owned by J on November 29, 2005.

B) After J died on January 15, 2017, on the ground of inheritance, the registration of ownership transfer was completed with respect to each of the instant land owned by each of the Plaintiffs on February 7, 2017. 2) On the ground of the instant land, several facilities including housing have been installed on the ground. The location, size, and current status of use of each of the instant facilities are as shown in the attached Table 1 [Attachment 1] (hereinafter referred to as “attached Table 1”), together with each of the facilities listed in the attached Table 1 [Attachment 1].

[Attachment 1] Although [Attachment 1] 2] Survey and Appraisal Nos. 10, 11, 12, 13, 14, and 10 correspond to the attached table 10, 11, 12, 13, 14, and 10, the attached table 2 is a dry field, and there is no facility installed on

(B) Defendant G owns each of the facilities listed in [Attachment 1] 3, 5, and 11; Defendant H owns each of the facilities listed in [Attachment 1] 1, 4, 12, and 14; and occupies and uses all of the above land.

(1) The Plaintiff asserts that the Defendants jointly own the entire facilities of this case, and sought removal of the entire facilities of this case to each Defendant, but there is no evidence to prove that the Defendants jointly own the entire facilities of this case, in addition to the separate ownership of each part recognized as above, [the grounds for recognition] [the absence of dispute, the entry and video (including the serial number), the result of the appraiser L’s survey and appraisal, and the purport of the entire pleadings.

B. According to the above facts of determination, the plaintiffs who are the owners of the land of this case, 1) the defendant G removed the facilities Nos. 3, 5, and 11 of [Attachment 1], deliver the above land, and 2) the defendant H bears the duty to remove the facilities Nos. 1, 4, 12, and 14 of [Attachment 1] and deliver the above land.

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