(영문) 부산지방법원 2016.02.04 2015가단219319

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Reasons

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(영문) 부산지방법원 2016.02.04 2015가단219319

토지인도

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1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet No. 3, each point is indicated in the separate sheet No. 9, 10, 11, 8, 9.

Reasons

1. Facts of recognition;

A. The land listed in the separate sheet No. 1 (hereinafter “instant land”) is owned by the Plaintiff and the Defendant jointly owned 1653/1820 shares, and 167/1820 shares. The land listed in the separate sheet No. 2 and the buildings listed in the separate sheet No. 3 (hereinafter “instant building”) are owned by the Defendant’s sole ownership.

B. Around July 1994, the Defendant constructed the instant building on the ground indicated in the annexed Table 2. Of the first floor of the instant building, the part of the “A” part of the instant building, which successively connects each point of 9,10,11,8, and 9, was built on the part of the instant building, which was 19 square meters connected with each point of 9,10,000 square meters. Of the third floor of the instant building, the part of the “B” part of the instant building, which was 16 square meters connected each point of 1,12,13,7,7,8,8,11,000 square meters in sequence, was built on the part of 16 square meters in the instant land.

[Reasons for Recognition] Fact that there is no dispute, the result of the survey and appraisal conducted by the Vice Governor of Busan Central Land Information Corporation, the purport of the entire pleadings

2. According to the above facts of determination, the Plaintiff, as co-owner of the instant land, may remove an objection against the part in violation of the instant land among the instant buildings, and seek delivery of the said part in possession, by exercising the claim for exclusion of disturbance based on ownership as a co-owner.

Therefore, according to the Plaintiff’s claim, the Defendant removed the portion of “A” in the attached Form 9, 10, 11, 8, and 9, among the first floor of the instant building, from the part of “A” in the order of their respective points. The Defendant is obligated to deliver the portion of “A” as part of the instant land and the portion of “A” in the attached Form 1, 12, 13, 13, 7, 8, 11, 10, 9, and 16 square meters in sequence connected each point of “A”, which is part of the instant land.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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