logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원충주지원 2016.08.10 2015가단4569
토지인도 등
Text

1. The defendant is against the plaintiffs:

A. Of the land size of 168 square meters in the voice-gun E-Gun of Chungcheongbuk-do, each of the annexed drawings indicated in 9, 10, 11, 21, 20, 9.

Reasons

1. Basic facts

A. 101/168 square meters of forests and fields E in Chungcheongbuk-gun E (hereinafter “E real estate”) share G 101/168 shares, Plaintiff A’s 23/168 shares, Plaintiff B’s 22/168 shares, and Plaintiff C’s 22/168 shares.

The sum of F 112 square meters (hereinafter referred to as "F real estate") in Chungcheongnam-do Audio Group is jointly owned by the plaintiffs each 1/3 shares.

B. The Defendant is an owner of H 699 square meters adjacent to each of the above real estate and adjacent to the said real estate.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. Determination:

A. In full view of the result of the commission of the measurement and appraisal to the voice branch office of the Korea National Land Information Corporation in Chungcheongbuk-gu and the purport of the entire pleadings in this court, the Defendant, among E real estate, has planted turfs on the ground surface of 9m2 in order to connect each point of 9, 10, 11, 21, 20, 20, 11, 12, 16, 17, 18, 19, and 12, 17, 19, and 12, 7, 12, 13, 14, 20, 3, 15, 16, and 12, among the above land, are recognized by planting turfs on the ground surface of 50m2,00 square meters connected with each point of 8,9,000 square meters in the attached drawings.

In light of this, the defendant has a duty to collect landscaping trees and landscaping rocks planted in E real estate, landscaping trees and F real estate and deliver each of the above real estate to the plaintiffs, except in extenuating circumstances.

B. As to this, the defendant asserts that the prescription period for acquisition by possession has expired by occupying the part of the bedrooms in E real estate and F real estate for at least 45 years.

However, the evidence presented by the defendant alone is not sufficient to recognize that the defendant occupied the part of each of the above real property, and the acquisition by prescription has been completed, and there is no other evidence to acknowledge this otherwise.

The statute of limitations for the possession of the defendant has expired.

arrow