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(영문) 수원지방법원 2019.03.26 2017가단515240
토지인도 및 임료상당 부당이득금 청구
Text

1. Of the main premises of this case, the part of the claim for prohibition of passage against the size of 2,00 square meters and the size of 664 square meters before E shall be dismissed.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On June 24, 2015, the Plaintiff acquired ownership of 715 square meters, 2,000 square meters and 664 square meters and 664 square meters and 764 square meters and 754 square meters and 754 square meters and 754 square meters and 754 square meters and

B. The Defendants are married with the Plaintiff, and Defendant B is the owner of G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based building without the Plaintiff’s consent. The Defendants, without the Plaintiff’s consent, use the portion of the attached Table 1 appraisal of F-based F-owned land, which connects each point of the attached Table 5, 6, 7, 8, 8, 9, 12, and 5, as the prescribed number of houses located in G-based (hereinafter “the part of F-owned land”) of the portion of 319 square meters (hereinafter “(C) out of F-owned land”). Of F-owned land, the Defendants used the portion of the attached Table 14, 3, 4, 5, 12, 9, 13, and 14 in turn connected each point of the said portion from the housing to the public road.

C. In addition, from January 18, 1971 to January 10, 2019, Defendant B owned H 1,154 square meters and buildings on the land owned by Gangseo-gu, Gangwon-do. However, among the land owned by the Plaintiff, Defendant B used the attached Table 2 appraisal map up to 16, 25, 26, 7, 8, 9, 10, 24, 14, 15, and 16 in sequence among the land owned by the Plaintiff (hereinafter “D land”) and the attached Table 2 appraisal map up to 23,16, 15, 14, 13, and 23 square meters (hereinafter “E”) among the land owned by the Plaintiff.

In addition, Defendant B owned a unregistered building (I restaurant) with a block structure sand site panel on the ground of the section (B) of 228 square meters (hereinafter “section (B)”) connected in order to each point of the attached Table 6, 7, 26, 27, and 6 among the D land owned by the Plaintiff among the D land owned by the Plaintiff, thereby occupying and using the said part of the land.

E. From June 24, 2015 to October 31, 2016, Defendant B occupied and used 3,306 square meters of land owned by the Plaintiff as a dry field.

[Ground of recognition] Facts without dispute, Gap 1-3, 6-13, and 24 respectively.

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