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(영문) 의정부지방법원 고양지원 2017.01.06 2015가단32601
토지인도 등
Text

1. Defendant C: (a) indicated Nos. 15, 16, 10, 11, 12, and 15, 16, 10, 12, among the land areas of 498 square meters in Pakistan-si D.

Reasons

1. Basic facts

A. The Plaintiff is the owner of “D Daeju-si D 498 square meters (hereinafter “Plaintiff’s land”). Defendant B is the owner of “205 square meters (hereinafter “Defendant B’s land”) adjacent to the Plaintiff’s land,” and Defendant C is the owner of “319 square meters (hereinafter “Defendant C’s land”) adjacent to the Plaintiff’s land.” The current status of each land of the Plaintiff and the Defendants is as indicated in the attached cadastral status survey.

B. On the Plaintiff’s land, the attached cadastral status surveying and appraisal of the land are located in the ship that connects each point of 34 through 37, 5, 6, 38 through 41, and 34, and the part 188 square meters in the “vine” portion (hereinafter “the instant axis”) are located on the Plaintiff’s land, and there was a building connected to the instant stable even on the land in the past of Defendant B’s land.

C. In addition, on the Plaintiff’s land, there are some parts of “b” portion 152 square meters in the ship connecting each point of the attached cadastral status surveying Nos. 17 through 25, and 17 with each point in sequence. D. The Plaintiff’s land is located.

On the other hand, on the ground of Defendant C’s land, there are 86.45 square meters and 76.99 square meters (hereinafter “Defendant C’s building”) owned by Defendant C, and the building is extended to 11 square meters (hereinafter “the instant flooded land”) of the portion “1” in the attached Table Nos. 15, 16, 10 through 12, and 15, among the Plaintiff’s land.

【Ground for Recognition: Facts without dispute, Gap evidence 1 (including a branch number; hereinafter the same shall apply), Eul, and evidence 1; the result of this court’s request for surveying and appraisal of the main office of the Korea Land Information Corporation; the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Defendant B is the owner of the instant livestock shed without title. As such, Defendant B occupied the Plaintiff’s land without title, the Plaintiff removed the instant livestock shed and the corresponding part.

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