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(영문) 울산지방법원 2014.08.20 2013나5374
토지인도 등
Text

1.The judgment of the first instance shall be modified following the acceptance participation in the trial as follows:

2. The defendant acceptance intervenor.

Reasons

1. Facts of recognition;

A. On August 30, 1990, the Plaintiff completed the registration of transfer of ownership with respect to the area of 793 square meters in Ulsan-gun, Ulsan-gun (hereinafter “instant land”). On October 13, 2008, the Defendant completed the registration of transfer of ownership with respect to the area of D large 897 square meters adjacent to the instant land.

B. The Defendant newly constructed a house on his own land. During that process, the Defendant: (a) obstructed the part of “b” part of “b” in the ship connected with each point of the attached Form No. 11, 14, 15, 9, 10, 11 in sequence among the instant land; (b) stored a fence; and (c) installed facilities, such as water facilities, CCTV poles, and ornamental water, and occupied the part of the dispute.

C. On March 7, 2013, the instant lawsuit is pending, the Defendant completed the registration of ownership transfer for the reason of the Defendant’s acquisition intervenor (hereinafter “acquisition intervenor”)’s donation on the 6th of the same month with respect to all of the above D land and its ground buildings.

An intervenor who has succeeded to the status as it is and has possessed the dispute portion until now.

[Ground of recognition] In the absence of dispute, Gap evidence 1-1-2, Gap evidence 2, Gap2, 7, and 8, the result of the on-site inspection of the first instance court, the result of the entrustment of measurement and appraisal to the new branch offices of the Korea Cadastral Survey Corporation of the first instance, the result of the entrustment of appraisal and supplementation, the result of appraisal by the appraiser F of the first instance court, the result of fact inquiry by the director of the U.S. cadastral Corporation of the party branch office

2. According to the above findings of the determination as to the cause of the claim, the defendant acquisition intervenor is obligated to remove all facilities, such as fences, water supply facilities, CCTV poles, and ornamental water on the ground in the dispute to the plaintiff, and deliver the dispute part to the plaintiff, except in extenuating circumstances.

3. The acquiring intervenor's assertion is alleged to the effect that the survey file drawings, which serve as the basis for the survey appraisal, are inconsistent with the cadastral map copy and that the results of the appraisal in the first instance and the trial are different from the land status. However, the submitted evidence alone is sufficient to admit the acquiring intervenor's assertion.

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