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(영문) 의정부지방법원고양지원 2015.01.29 2013가단511605
토지인도
Text

1. The defendant is against the plaintiffs:

A. The attached Table 15, 16, 17, 14, and 15 shall also apply to the appraisal of the area of 101 square meters in Yongsan-gu, Manyang-si, Manyang-si.

Reasons

1. Facts of recognition;

A. On August 30, 2007, the Plaintiffs completed the registration of the transfer of ownership in the names of the Plaintiffs with respect to the land of Ildong-gu, Busan Metropolitan City and 1011 square meters (hereinafter “instant land”).

B. D and E completed the registration of transfer of ownership in the name of D and E with respect to the housing of 237 square meters and the underground floors above that ground and the second floor above that ground (hereinafter “the adjoining land and adjoining building of this case”) in Yongsan-gu, Busan-gu, Seoul-si on June 27, 201.

D. On March 5, 2013, D and E entrusted the Defendant with the land adjacent to this case and building adjacent thereto, and completed the registration of ownership transfer.

C. Of the instant neighboring buildings, the fence and part of the embankment are 5 square meters in part of “1 square meters inboard” (hereinafter “the retaining wall part of the instant building”) connected each point of the attached Table 15, 16, 17, 14, 15, among the land area of 101 square meters in order, from among the land area of 15, 16, 17, 14, and 15, the attached Table 15, and the land area of “1, 18, 11, 12, and 13, and each part of “2, 200 square meters inboard” (hereinafter “the instant stone area”).

The Plaintiffs filed a lawsuit against D and E against the owner at the time of the instant adjacent land and adjoining building, including the removal of a fence and a fence, which affected the instant land among the instant adjacent buildings, and the delivery of the said part of the land, against D and E, which had been the owner of the instant adjacent building (hereinafter “previous case”).

E. On October 25, 2013, the conciliation date of the instant case was October 10:0, 2013, between D and E, which entrusted the Plaintiffs with the Defendant with the land adjacent to the instant case and the building adjacent to the instant case, and the said D and E, which had been in a trust position, respectively, removed one square meter of a fence (the retaining wall part of the instant case) by November 29, 2013, and five square meters of a stone embankment (the instant stone embankment part), and the said part of the said land was handed over, and the Plaintiffs renounced the remainder of the claims.

F. However, D and E, immediately before the formation of the conciliation, had installed the existing wall immediately before the collapse on September 2013, 2013, and had it constructed in line with intellectual boundary, the above conciliation is the matter.

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