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(영문) 춘천지방법원 2016.02.18 2015가단178
토지인도 등
Text

1. The Plaintiff:

A. Defendant B and C are listed in the separate sheet Nos. 17, 18, 19, 20, 21, and 17 among the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant land”).

B. Defendant B and C share 1/2 shares of each of the F, F, 165 square meters, and Defendant D owns 165 square meters adjacent to the instant land, while Defendant E owns 262 square meters adjacent to the instant land.

C. The construction of a new house on the ground owned by the Defendants was built, and housing price was built. Of the constructed stone concrete block, the portion 5 square meters in the ship connecting each point of the items in the table of 17, 18, 19, 20, 21, and 17 indicated in the annexed drawings owned by the Defendants B, C, and the part 8 square meters in the ship connected each point of 16, 17, 21, 22, and 16 indicated in the annexed drawings owned by the Defendants D, and the part 8 square meters in the ship connected each point of 14, 15, 23, 24, 25, and 14 of the same drawings owned by the Defendants E, and the land of this case, 10 square meters in the ship connected each point of 14, 15, 23

(2) The Defendants’ respective stable concrete block owned by the Defendants, which violated the instant land (hereinafter “instant land”). [Grounds for recognition] did not dispute any dispute; entries and images of Gap evidence Nos. 1 and 5 (including virtual numbers); the court’s commission of surveying and appraisal to the Chuncheon branch office of the Korea Land Information Corporation; the purport of the entire pleadings as a result of the commission of surveying and appraisal to the Defendant

2. The assertion and judgment

A. The plaintiff's assertion 1) since the defendants alleged in the plaintiff's assertion possessed the above part of the land without a legitimate title among the land in this case owned by the owner of each axis constructed on the ground of the attached drawing indication 5, 4, and 2, the land of this case, which was constructed on the ground of the above part of each land, the plaintiff is obligated to remove the axis and deliver each of the above land to the plaintiff. 2) The plaintiff's allegation in this case was that the construction of yellow Development Co., Ltd. was not the above defendants, and the plaintiff was well aware that the construction of the embankment was well known, and the removal of the embankment in this case is likely to collapse or damage the above embankment's land, and the land of the plaintiff's assertion is the cemetery.

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