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1. The judgment of the court of first instance is modified as follows.
The defendant, the plaintiff 109,780 won, and the plaintiff 25 February 2017.
Reasons
1. Facts of recognition;
A. On September 23, 2015, the Plaintiff completed the registration of ownership transfer on July 22, 2015 with respect to B 1,69 square meters, B 99 square meters, C preceding 932 square meters and D preceding 1,111 square meters (hereinafter collectively referred to as “each of the instant lands,” and each of the instant lands is individually named, the registration of ownership transfer is completed on the ground of donation on July 22, 2015.
B. In light of the aforementioned legal principles, the Defendant: (a) performed the construction of concrete molding in the E Ilyang-si in March 2008; and (b) performed the construction of concrete molding in order to each point of 50,35,36,52,51, and 50 of the attached Table No. 50 among the land owned by the Plaintiff; (c) the portion of “B” in the attached Table No. 16 square meters (hereinafter “instant part”); (d) among the land owned by the Plaintiff, the same appraisal of the land No. 23,24,32,31, and 23 of the attached Table No. 23,24,32,31, and 23 of the attached Table No. 1,12,13,14, and 100 square meters (hereinafter “the instant part”); and (d) installed the instant part of the land No. 15,16,17,18,17,217,28,27, and 17,20.
(hereinafter referred to as the “instant construction”). 【The ground for recognition” did not exist, “A” Nos. 1 and 2 (including a serial number, if any) and “B” No. 1; and the result of the commission of surveying and appraisal to the Korea Land Information Corporation (hereinafter referred to as the “Korea Land Information Corporation”); the purport of the entire pleadings.
2. Determination as to the removal of the land and the claim for the delivery of the land
A. According to the above facts finding as to the cause of the claim, the Defendant, as the owner of the instant land owned by the Plaintiff, has occupied the instant construction by setting up a new land on the land at issue, so barring any special circumstance, barring any special circumstance, seeks to eliminate and deliver interference based on ownership.