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1. Of the real estate listed in the attached Table 1. List, Defendant Pyeongtaek-gun shall indicate the Plaintiff as indicated in the attached Table 2. Map No. 1, 5, 4, and 1.
Reasons
1. Facts of recognition;
A. On June 24, 1997, the Plaintiff completed the registration of ownership transfer on the real estate listed in the [Attachment 1] List (hereinafter “instant land”).
B. Defendant Pyeongtaek Chang-gun, among the instant land, packages concrete on the roads of the total area of 104 square meters (hereinafter “the part on the instant land”) of the attached Table 2. Drawings indicating ①, ②, ③, ④, ④ the parts of the instant land in sequence connected to each of the said points, and the part on the roads of the said land (hereinafter “the part on the instant land in dispute”). On May 2014, the Plaintiff filed an objection to remove most of the concrete packaging.
At present, the attached Table 2. Drawings indication 1, 5, 4, and 1 among the land in this case still remain in the concrete package on the part of 2 square meters in the ship connected each point in sequence.
C. Defendant F filed a share transfer registration on February 1, 2017 with respect to the portion of 1/2 out of the real estate listed in the separate sheet No. 3 (hereinafter “instant G land”) located near the instant land on February 1, 2017. As to the remainder of 1/2 of the instant G land, the Defendant’s husband H had already completed the share transfer registration on April 19, 2016 on the ground of sale.
Defendant F obtained permission from the head of Pyeongtaek-gu on March 23, 2017 to engage in development activities relating to the change of the form and quality of land in the instant G land with the purpose of creating a detached house site and the project period from March 23, 2017 to February 28, 2019.
[Ground of recognition] The entry of Gap evidence Nos. 1, 2, and 10 through 15, the appraisal result of the Eunpyeong branch of the Korea Land Information Corporation, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The concrete packaging remaining on the land in the dispute of this case should be removed as it was conducted without the consent of the plaintiff.
Defendant F is a beneficial right holder of the instant G land located in the vicinity of the instant land, and after obtaining permission to engage in development activities for the instant G land by utilizing the road on the part of the instant land in question, Defendant F is running a large-scale housing site sales business.
Defendant.