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(영문) 대구지방법원상주지원 2020.12.15 2020가단5753
토지인도
Text

When the defendant resides in the plaintiff, each point is indicated in the attached Form 1, 2, 3, and 4, which are located on the boundary of land E and F land.

Reasons

1. Facts of recognition;

A. F land (hereinafter “Plaintiff’s land”) is adjacent to the E-owned land owned by the Defendant (hereinafter “Defendant’s land”) at the time of resident registration owned by the Plaintiff.

The defendant's land is about 1.5 meters higher than the plaintiff's land.

B. Of the Plaintiff’s land, the lines (a), (b), (c), and (c) (hereinafter “instant (a), (b), and (c) connecting each point of the annexed drawing Nos. 1, 2, 3, and 4 have been destroyed and lost for about 20 years.

C. On board (D) 1.75 square meters, (e) 2.13 square meters (hereinafter “the instant (d) and (e) part”) connected each point of the Plaintiff’s land in sequence with the indication of the annexed drawing Nos. 4, 5, and 6 are built firmly with cement and brick as a stable.

On November 24, 1959, the inheritee purchased the Defendant’s land and the housing on the ground.

The use date of the Defendant’s land building is around 1958.

Plaintiff

The approval date of land use is about 1962.

On December 24, 2015, the Plaintiff conducted a boundary survey on the Plaintiff’s land.

[Ground of recognition] Facts without dispute, Gap 1 through 13, purport of the whole pleadings

2. Summary of the parties’ assertion

A. In order to prevent the risks to the Plaintiff’s land and its ground buildings due to the collapse and loss of the axiss of the Plaintiff’s instant paragraphs (a), (b), and (c), the Defendant must carry out a construction project.

Since the Defendant, on September 2003, 2003, dumped the stable, and dumpeded the parts of the instant case (d) and (e), it is necessary to remove them and deliver the parts, and build a new stable on the Plaintiff’s land.

B. Since November 24, 1959, the Defendant’s decedent started to purchase and occupy the Defendant’s land, there was a stable price on the Plaintiff’s land and boundary.

Since the Defendant and the inheritee of the Defendant (hereinafter referred to as the “Defendant”) purchased the land around November 24, 1959 and occupied it up to the present day, the acquisition by prescription on the part (d) and (e) of the instant case was completed.

Plaintiff

Land and the defendant's land have been located for a long time.

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