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(영문) 의정부지방법원 2019.11.12 2019나202956
토지인도
Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary claim against the defendants is dismissed in entirety.

3.In the trial, the trial shall be held.

Reasons

1. Basic facts

A. On June 30, 2016, the Plaintiff completed the registration of ownership transfer on the share of 991/42,030, out of 42,030 square meters of Jinyang-gu, Gyeyang-gu (hereinafter “instant forest”).

B. Defendant B completed the registration of ownership transfer on June 5, 2017 as to shares 132/42,030 out of the instant forest land.

C. Among the forest land of this case, there is a ground object installed as a plastic house, etc. (hereinafter “instant ground object”) on the ground of approximately 200 square meters on the part (A) part of the ship which connects each point of the items of the attached drawing indication 1, 2, 3, 4, 5, 6, and 1 in sequence among the forest land of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, images (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff alleged as the co-owner of the instant forest and field, who filed the instant claim as a co-owner of the instant forest and field property preservation act, and the Defendants possessed the instant ground property on the instant forest and field without any title. As such, the Plaintiff is obligated to remove the instant ground property and deliver the site to the Plaintiff, and ② to remove the instant ground property from the instant ground property, as it occupies the instant ground property in preliminary order.

3. Determination as to the claim against the defendant B

A. It is insufficient to recognize that Defendant B is the owner of the instant ground or is in a position to legally or factually dispose of it solely with the descriptions or images of evidence Nos. 1 through 7 of the judgment as to the primary assertion, and there is no other evidence to acknowledge it.

The plaintiff's primary argument against the defendant B is without merit.

B. The following circumstances, which can be seen by comprehensively taking account of the overall purport of the pleadings in the descriptions or images of Gap evidence Nos. 4, 5, and 7 as to the preliminary assertion, are as follows: (i) When the execution officer visited the ground of this case for enforcement of the provisional disposition order No. 2018Kadan1056, Apr. 17, 2018, the defendant B visited the Government District Court for enforcement of the provisional disposition No. 20156.

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