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(영문) 인천지방법원 2019.09.19 2019가단219051
토지인도
Text

1. The Defendant has each point on the Plaintiff with the indication of the attached drawings 1, 2, 3, 4, and 1 among the land size of 232 square meters and 160 square meters in Incheon Strengthening-gun.

Reasons

1. There is no dispute between the parties to the determination as to the cause of the claim, or the following facts are recognized in full view of the purport of the entire pleadings in the entries in No. 1-1-4.

① On June 30, 201, the Plaintiff acquired the ownership of the said land after completing each registration of transfer of equity shares on June 30, 2001, and on September 20, 201, the remainder 392/464, with respect to the land of 232 square meters in Incheon-gun D, Incheon-gun.

② On June 30, 2001, the Plaintiff completed the registration of ownership transfer with respect to the above E large 160 square meters (hereinafter referred to as “Plaintiff’s land”).

③ On February 11, 2019, the Defendant purchased from F a house of 54.76 square meters (36.96 square meters, 33.06 square meters, hereinafter “Defendant’s building”) from G large 268 square meters and above land’s ground wooden tank strings and strings on land, and completed the registration of ownership transfer on the same day.

In addition, the fact that part (A) of the Defendant’s building connects each point of the attached Table 1, 2, 3, 4, and 1 among the parts on the part (B) connected with each point of (B) above the ground brick 1.4m2, 5, 6, 7, 8, 9, and 5m2, which are above the ground brick 1.7m2, 11, 11, 12, and 10m2, which are above the ground brickd building (C) part of the cement brickd building (hereinafter referred to as “floited land”) connected each point of (B), which is above the ground brickd building (hereinafter referred to as “floited building”), is under dispute between the parties concerned.

According to the above facts, barring any special circumstance, the defendant is obligated to remove the affected building and deliver the affected land to the plaintiff who is the owner of the plaintiff's land.

2. As to the Defendant’s assertion, the Defendant asserts to the effect that the Defendant acquired by prescription the part of the land that was invaded, since the ownership preservation on the Defendant’s building was completed on November 20, 1976, and 20 years have passed since it was completed on November 20, 1976.

between the Parties;

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