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(영문) 창원지방법원거창지원 2015.09.08 2014가단3219
토지인도 등
Text

1. Defendant C:

A. Each point is indicated in the attached Form 1 through 12 and 1 among the area of 51,273 square meters of land in Do-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 51,273 square meters of land D (hereinafter “the instant 1 forest”) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and Defendant B is the owner of 35,474 square meters of land E in the Gyeongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the said 1 forest (hereinafter “instant 2 forest”).

B. From among the forest land No. 1 of this case, the part of 530 square meters in a ship connecting each point of the annexed drawing No. 1 to 12, and 1 (hereinafter “instant land”) seems to constitute a parcel with the forest land No. 2 of this case, which is externally shapes.

C. On November 29, 201, Defendant B leased the lease term of approximately KRW 3,00 square meters ( approximately 9,917 square meters) from January 1, 2012 to December 30, 201, to Defendant C by setting the lease term as “three million won per annum,” and Defendant C installed part of the instant forests and fields and structures for cultivating ginseng on the ground of the instant dispute land (hereinafter “the structures on the ground of the instant dispute, among the structures installed by Defendant C”), and cultivated ginseng until now, occupied the instant part of the instant dispute land without permission.

In order to determine the boundaries of each of the instant forests, the Plaintiff and Defendant B requested a boundary restoration surveying to the branch offices of the Korea Land Survey Corporation in the Gyeongnam-do Headquarters of the Korea Land Survey Corporation around September 2014, and each of the survey costs (431,750 won) was borne by half of the survey costs (431,750 won).

【Ground of recognition】 The fact that there has been no dispute, the entry of Eul Nos. 1, 2, and 3, the result of the survey and appraisal by the head of the Korea Intellectual Property Office of the Korea Intellectual Property Corporation, the result of the on-site verification by this court, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. (1) With respect to the decision on the part seeking confirmation of the right to passage over surrounding land (1) without passing through the forest land No. 2, which is owned by the Plaintiff as the master land, the forest land No. 1 in this case, which is owned by the Plaintiff, shall enter the forest land No. 1 in this case.

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