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1. The Defendant: (a) among the 10,966§³ of B forest land at the time of racing to the Plaintiff.
(a) Appendix 42, 43, 44, 36, 37, 38, 39, and 42, each of the annexed drawings.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of B forest No. 10,966 square meters (hereinafter “instant land”). The Defendant is the owner of a building not registered with the land adjacent to the instant land, which is the C warehouse site and the unregistered owner of a building with the land not registered.
B. Of the instant land, bricks, bricks, steel frameds and roofs (houses) owned by the Defendant are located on the ground of 32m2m2 attached drawings, which successively connected each point of 42,43,44, 36, 37, 38, 39, and 42m2, among the instant land, connected with each point of 42, 45, 46, 35, 36, 36, and 44m2, which are located on the ground of 21m2m2.
C. The Defendant occupies the above land, which is the site of each of the above buildings, the third party on board, the land of the said building, and the land of the 4th mix 286 square meters in the ship, and occupies 23, 22, 21, 20, 19, 18, 17, 16, 15, 14, 34, 35, 36, 37, 38, 39, 40, 41, and 23 of the same drawings.
[Ground of recognition] The fact that there is no dispute, the result of an entrustment of surveying and appraisal to the Korea Intellectual Property Corporation by this court, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant removed the Plaintiff the following: (a) the part of the instant land, which was 21m2 square meters connected each point of 23m2, 43, 44, 36, 37, 38, 39, 42, among the land in the instant case, with the drawings indicated in the separate sheet No. 32m2, 44, 45, 46, 35, 36, 36, 44; (b) the part of which was 21m2, 22, 21, 20, 19, 18, 17, 16, 14, 35, 37, 37, 38, 39, 36, 38, 446, 248, 206, 36, 36, 204, 38.
3. The defendant's defense does not have any special interest to the plaintiff even if the defendant removes and delivers the part of the land owned by the plaintiff which the defendant violated, because the area of the land owned by the defendant is small, and there is no impediment to the utilization of the entire land.