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(영문) 춘천지방법원속초지원 2020.08.18 2019가단201824
담장 등 철거 및 토지인도
Text

1. The defendant is not less than 721 square meters among Gosung-gun, Gangwon-do Gosung-gun Co., Ltd.

(a) in sequence 1, 11, 10, and 9 of the Appendix No. 1, 100.

Reasons

1. Basic facts

A. The Plaintiff owned F with respect to the ownership of the instant land 376 square meters and D large 48 square meters and E large 192 square meters, which was owned by Gosung-gun in Gangwon-do. However, on April 21, 2016, the aforementioned D land and E were merged with the said C land and became a 616 square meters in Gangwon-do. (2) The Plaintiff completed the registration of transfer of ownership on May 31, 2018 with respect to the said C large 616 square meters due to inheritance by agreement division, and on the other hand, completed the registration of transfer of ownership on February 24, 2004 with respect to the G large 105 square meters in Gosung-gun in Gangwon-do.

3) The foregoing C large 616 square meters and the above G large 105 square meters are combined, and Gangwon-do Gosung-gun C large 721 square meters (hereinafter “instant land”).

B. B. The instant land and its neighboring land use relationship 1) The instant land is adjoining to the boundary of the Jansung-gun, Gangwon-do H large 140 square meters (hereinafter “Adjoining land”) and its boundary, and the Defendant owns adjacent land up to now after completing the registration of ownership transfer on the adjoining land on November 29, 191.

2) Meanwhile, there are fences and toilets installed by the Defendant around the boundary line abutting on the instant land. Of the instant land, the wall is located in the part which successively connects each point of the separate sheet Nos. 1, 11, 10, 9 among the instant land (hereinafter “instant wall”).

(i)A toilet (hereinafter referred to as “instant toilet”) is installed and has been installed, and a toilet (hereinafter referred to as “instant toilet”) is located on the ground of three square meters in order to connect each point of 5, 6, 7, 8, 9, and 5 in the attached drawings.

(3) On the other hand, some of the toilets of this case are installed on the ground of this case, and the remainder on the ground of land owned by Gosung-gun.

(B) Of the land of this case, the sum of 11 square meters in the wall of this case and the toilet of this case is installed (hereinafter “the part in possession of this case”). [Grounds for recognition] There is no dispute, entry in the evidence Nos. 2-1, 2, 3, and 5-1, 2, 3, and 5-1, 5-2, 5-2, and 5-2, and the purport of the whole pleadings.

2. The parties' assertion;

A. The plaintiff's assertion is owned by the plaintiff.

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