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(영문) 대전지방법원 2017.06.08 2016가단18323
토지인도 등
Text

1. The Defendants indicated in the attached Form No. 8, 9, 10, 11, 12, 13, 14, 15, 16, and 8 of the attached Form No. 8, 9, 10, 11, 12, 13, 14, 15, 16, and

Reasons

Facts of recognition

A. The instant land is adjacent to the area of 849 square meters adjacent to the Sinsan-gun, Chungcheongnam-do (hereinafter “instant adjacent land”).

B. The Plaintiff purchased the instant land on February 25, 2016 and completed the registration of ownership transfer on April 20, 2016. The Defendants purchased 1/2 shares of each of the adjoining land and the second floor buildings on that ground (hereinafter “instant building”) on September 2, 2014 and completed the registration of ownership transfer on October 27, 2014.

C. Of the instant land, concrete packaging (hereinafter “the instant concrete packaging”) is made on the ground of the instant land part, and this part is part of the concrete packaging road for the entry to the instant building.

Of the instant land, there are 27.2 meters of concrete retaining wall (hereinafter “the retaining wall of this case”) on the line that connects each point of 11, 12, 13, 14, 15, and 16, which is indicated in the attached drawings. The retaining wall of this case plays the role of dividing the land occupied and used by the Plaintiff and the land occupied and used by the Defendants, and the boundary of the land used by the Defendants.

As a result, the Defendants, as part of the land located on the left side of the retaining wall of this case, possess and use a section 45 square meters in the ship (hereinafter referred to as “section 45 square meters in the ship”) which connects each point of the attached Form 8, 9, 10, 11, 12, 13, 14, 15, 16, and 8 among the land of this case in sequence.

E. Meanwhile, among the boundary of the instant land and the adjoining land, there is a many room for the purification of the instant building (hereinafter “instant septic tank”) at the place where the drawings are indicated in the separate sheet.

[Ground of recognition] A without dispute, entry or video of Gap evidence Nos. 1 through 4, and 6 (including branch numbers, if any), the result of the measurement and appraisal commission (including the result of supplementary appraisal) to the Korea Land Information Corporation, and the legal reasoning of the overall purport of the pleadings to recognize that certain objects are consistent with real estate, shall damage or excessive costs.

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