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(영문) 청주지방법원충주지원 2020.10.15 2020가단1113
토지인도 등
Text

1. The Defendant also indicated in the attached reference sheet No. 2, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 30, 30, 30, 30, 30, and 26.

Reasons

1. It is recognized that the Defendant is in charge of and possession of trees 11gs as shown in the attached Form to the land owned by the Plaintiff, referring to the part of the claim for the collection of trees and for the delivery of land.

Therefore, the defendant is obligated to collect the above trees 11g dust from the plaintiff and deliver the part of the land to the plaintiff.

[Reasons for Recognition] Uncontentious Facts, Gap 1-1, results of a request for surveying appraisal, the purport of the whole pleadings.

2. (C) The evidence submitted by the Plaintiff on the removal of partially concrete and the transfer of land alone, which the Defendant contained a partial concrete package.

It is difficult to view this part of the land as de facto controlling or occupying.

[Defendant may answer to the purport that he occupied (C) part of the land before the survey was known as part of the Defendant’s land D, or that he consented to the packaging of the road. However, it is true that the Defendant passes through the adjacent Defendant’s land through this part of the land.

However, in full view of the following facts: (a) there is no evidence to prove the fact that the Defendant made a concrete package; (b) the process during which concrete packaging was made as a broad project in around 1990, and (c) the possession refers to the objective relationship in which the object is deemed to belong to a person’s factual control in light of social norms; and (d) there is no need to exclude others’ interference; and (b) such circumstance does not appear to exist; (c) the mere fact that the evidence submitted by the Plaintiff and the fact that the Defendant was used as a passage to and from the land owned by the Defendant is insufficient

Therefore, the Plaintiff’s assertion on the part of the land cannot be accepted.

3. Conclusion of part of the Plaintiff’s claim

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