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(영문) 인천지방법원 부천지원 2018.10.16 2017가단13573
토지인도 등
Text

1. Defendant B:

A. Of the land size of 602 square meters in Kimpo-si, Dapo-si, Kimpo-si, the indication 1, 19, and 8 of the attached drawings are as of May 31, 2018.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) Defendant B owned each of the buildings connected in order to each point of 20 to 29, and 35, and 30 each point of 30 to 35, and 30 of the drawings indicated in the attached Form Nos. 20 to 602 square meters (hereinafter “instant land”) in Kimpo-si, Kimpo-si.

(2) On August 28, 2017, the Plaintiff acquired ownership of the instant land by voluntarily selling the instant land to Busan District Court Vice-Support E.

(3) For the use of each of the above buildings, Defendant B installed a fence (hereinafter “instant fence”) on the part connected in sequence 1, 19, and 8 of the separate drawings.

(4) Of the above buildings, the part located on the land of this case is 33 square meters in the ship connecting each point of 20, 3, 4, 5, 24, 25, 26, 27, 28, 29, 20 each point of 20, 30, 300 square meters in order to connect each point of 33 square meters in the (c) section of the building and 30, 31, 35, and 30 square meters in the same drawing (hereinafter “the building of this case”).

(5) At present, Defendant B occupies the part of the instant land, other than the part occupied by the instant building, as the land attached to the instant building, such as dry field, etc., and the instant building is occupied by Defendant C, who is the birth partner of Defendant B.

(6) As to the instant land, the fact that the sum of the land rents from August 28, 2017 to March 28, 2018 was 4,500,205.

[Ground of Recognition] Defendant B: A without dispute, entry in Gap evidence Nos. 1 through 5, the result of the survey and appraisal by the Korea Land Information Corporation, the result of appraiser F’s appraisal, the whole purport of the pleadings, and the purport of the entire pleadings (Article 150(2) and (1) of the Civil Procedure Act)

B. According to the above facts of recognition, the Plaintiff acquired the ownership of the instant land, and barring any special circumstance, Defendant B removed the instant building and fence, transferred the instant land, and thereafter thereafter, from August 28, 2017, the Plaintiff acquired the ownership.

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