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(영문) 수원지방법원평택지원 2017.10.13 2017가단52724
토지인도
Text

1. The defendant, among the land listed in the attached list 1, marks 7, 8, 9, and 2 of the attached appraisal sheet to the plaintiff in sequence.

Reasons

1. In light of the fact that there is no dispute over the cause of the claim, the Plaintiff is the owner of the land listed in the annexed Table 1 (hereinafter “instant land”), and the Defendant is the owner of the land listed in the annexed Table 2, which is the neighboring land, and the portion of the attached Table 2, which connects each point of which is indicated in the annexed Table 7, 8, 9, and 2, among the land in the instant case, as the owner of the land indicated in the annexed Table 2, with the appraisal of the attached Table 7, 8, 9, and 11, 12, 13, and 11, respectively, and each part which connects each point of which is indicated in the attached Table 11, 12, 13, and 11, and each height of which is 1.

According to the above facts, the defendant is obligated to remove the retaining wall of this case installed in the above part of each of the above parts on the ship to the plaintiff and deliver each of the above parts on the ship to the plaintiff, except in extenuating circumstances.

2. The judgment on the defendant's defense is about 2 square meters, but the defendant's intrusion part is about 2 square meters, but the cost of removing the retaining wall of this case is about 5 million won or more, and the land listed in the attached Table 2 is above the land of this case and has a gradient considerable gradient to remove the retaining wall of this case, and there is a possibility of rupture or collapse of the defendant's house in the process of removing the retaining wall of this case. The plaintiff, on December 9, 2016, is able to construct a new house only by acquiring the ownership of the above land, which is the land adjacent to the land of this case and the ownership of Pyeongtaek-si 209 square meters, which is owned by the defendant, was known that the retaining wall of this case was invaded with the land of this case in the course of the boundary surveying, and then the lawsuit of this case was concluded, and the defendant proposed that the plaintiff sell the retaining wall of this case to the plaintiff at a low price of 2 trillion won or more.

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