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(영문) 서울중앙지방법원 2020.10.28 2019나36225
토지인도
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

3. The defendants' lawsuit acceptance is based on the lawsuit acceptance of the defendants.

Reasons

1. Facts of recognition;

A. From December 29, 1987, the Plaintiff owned the land owned by the Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government C large 648 square meters (hereinafter “Plaintiff-owned land”), and on September 21, 1978, the net B (Death May 26, 2019) acquired ownership of the neighboring D large 341 square meters (hereinafter “Defendant-owned land”).

B. For more than 10 years prior to the filing date of the instant lawsuit, the Network B, among the Plaintiff’s land adjacent to the Plaintiff’s land boundary line, installed cement fences (hereinafter “the instant wall”) lower than the part connected to each point in the order of 4,9,8,7, and 6, and the walls made up of the said walls, and installed a dance cover (hereinafter “the instant cover”) on one’s own building, and used the said space for multi-purposes, such as the kitchen located in the K cafeteria operated by the lessee, and thus, occupied and used the part of 19 square meters in part of 19 square meters in the ship connected in order to each point of 6,3,4,9,8,7, and6 of the land owned by the Plaintiff (hereinafter “instant land”).

C. The heir of the network B is Defendant H, I, and J, the wife of Defendant G and his children. The Defendants completed the registration of ownership transfer on October 7, 2019 due to inheritance by agreement division on May 26, 2019, with respect to the Defendants’ land, 50/100 shares in Defendant G, 20/100 shares in Defendant H, and 15/100 shares in each of them.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 11 and 20 (including each number; hereinafter the same shall apply), the image of the first instance court, the field inspection of the first instance court, and the appraisal result of the Korea Appraisal and Land Information Corporation

2. Judgment on the ground of the Plaintiff’s claim

A. According to the above facts, barring any special circumstance, the Defendants are jointly obligated to remove the ground materials installed on the ground of the instant dispute’s land (the instant fences, their walls, and the covers thereof) and deliver the instant dispute’s land to the Plaintiff, and ten years retroactively from December 27, 2017, the filing date of the instant lawsuit.

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