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(영문) 광주지방법원순천지원 2019.07.18 2018가단77514
토지인도
Text

1. The defendant shall be the plaintiff.

(a) Attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 9, 10, 11, among the area of 1,913 square meters of D forest land in opticalyang-si.

Reasons

1. Basic facts

A. On October 21, 2016, the Plaintiff completed the registration of transfer of ownership based on a gift made from October 18, 2016, with respect to D forest land 1,913 square meters (hereinafter “instant land”) in Mineyang-si, which was owned by his/her spouse B (hereinafter “instant land”).

B. The Defendant is the owner of E forest land 6,020 square meters adjacent to the instant land. Of the instant land, the Defendant created a cemetery in the aggregate of 614 square meters in the area of “B”, “C,” “C,” “Ma,” and “Ma” (hereinafter referred to as the “the part of the instant land occupied by the Defendant”) and the said part of the instant land, which are located in the size of 1,2,3,4,5,6,7,7,8,9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 21, and 614 square meters (hereinafter referred to as “the part of the instant land occupied by the Defendant”).

C. Among the part of the land occupied by the defendant in the case of this case, one square meter is installed in the part (Ga) connected in order to each point of the following points in the table 1, 2, 3, 4, 11, 12, 13, 14, 15, 16, 16, and 1 of the annexed drawing No. 2 of the annexed drawing No. 1, 2, 3, 4, 11, 12, 13, 14, 15, 16, 19, in the order of each point of (Ga) of the graveyard No. 9, 10, 18, 19, and 9 of the same drawing No. 20, 21, 22, 23, and 20 in the part (d) of the land occupied by the defendant in the case of the case of this case, one square meter is installed in the part (e) of the ship connecting each point of the same map No. 24, 25

(hereinafter collectively referred to as “instant cemetery facilities”). D.

In the instant land, trees were planted as a whole, but the Defendant damaged pine trees that were planted in the part of the Defendant’s land occupied by the Defendant during the process of creating the cemetery.

[Ground of Recognition] In the absence of dispute, Gap evidence Nos. 1, 2-1, 3, 9-1, 2, Eul evidence Nos. 1, 1-2, and 2-1, 2-2, the result of this court’s request for surveying and appraisal of the mining branches of the Korea Land Information Corporation, the result of appraiser F’s appraisal of standing timber and reinstatement expenses, the purport of the whole pleadings

2. The assertion and judgment

A. In full view of the facts acknowledged prior to the determination of the claim for the transfer of land and the removal of the graveyard facilities of this case, the Defendant is specially aware.

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