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1. The defendant
A. Of the 2,208 square meters in response to the attached sheet 40, 24-28, 31, 32-40, each of the attached sheet 40, 24-28, 31, and 32-40.
Reasons
Basic Facts
Comprehensively taking account of the respective descriptions and the overall purport of the pleadings, it is recognized that the Plaintiff completed the registration of ownership transfer on March 23, 2006 as to D 2,208 square meters (hereinafter “Plaintiff’s land”) with respect to the Plaintiff’s land, and the Defendant completed the registration of ownership transfer on May 17, 2016 regarding the 3,302 square meters (hereinafter “Defendant’s land”) adjacent to the Plaintiff’s land.
The Plaintiff asserted that the parties to the determination of the claim for the delivery of land, the removal of trees, the removal of steel fences, and the removal of containers, among the Plaintiff’s land, occupy the portion of 660 square meters in the ship (A) connected each point of 1,2,3,4,5,6,7,7,8, 9,10,10 and 1 of the attached drawings among the Plaintiff’s land, and planted trees on that ground. The Plaintiff installed a steel fence on the ground connected each point of 1,2,3,4,5, and6 of the attached drawings in sequence. The Plaintiff installed a steel fence on the ground connected each point of 11,12,13,14, and 11 of the attached drawings, which are connected each point of 18 square meters in sequence. As such, the Plaintiff sought the removal of the aforementioned part of the land, the removal of trees, the steel fence, and the removal of the steel framed container.
As to this, the defendant asserts that the land of the plaintiff was not infringed.
Judgment
In full view of the overall purport of each film set forth in Gap 7-1-7-4 and the result of the commission of surveying and appraisal to the voice branch offices of the Korea National Land Information Corporation and this Court, the defendant is recognized to possess the portion (B) part (1) of the Plaintiff’s land connected with each point set forth in attached Table 31-40 in the order of the Plaintiff’s land by installing a steel network fence on the ground, and installing a steel-frame container on the portion 18 square meters in attached Form 18 square meters in attached Table 30, 24-28, 31, 32-40 square meters in attached Table 40, 24-28, 32-40.
According to the above facts, barring any special circumstance, the defendant shall deliver to the plaintiff the portion (B) part (B) of the attached Table 23-40, and 23 square meters connected each point of the attached Table 23-40, and the attached Table 32-40 shall also be attached.