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(영문) 울산지방법원 2019.10.10 2019가단3539
토지인도 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in each entry in Gap evidence No. 1 and Eul evidence No. 2-1 and Eul evidence No. 2, the plaintiff completed the registration of ownership transfer on July 15, 2010 with respect to the 2,026 square meters of Ulsan-gun, Ulsan-gun, Ulsan-gun, and the defendant C completed the registration of ownership transfer on May 12, 2014 with respect to the 317 square meters of Ulsan-gun, Ulsan-gun, the adjoining real estate in this case. The defendants constructed a detached house on the land located in the above E and completed the registration of ownership transfer on each share of 1/2 of the aforementioned E on the ground.

2. The parties' assertion

A. The Defendants alleged by the Plaintiff illegally occupied the instant real estate, and installed a container with the above ground after conducting concrete string on the above ground.

Therefore, the Defendants should remove the concrete parts on the ground of the instant real estate, remove the container container, and return the survey cost incurred by the Plaintiff for the instant claim and the unjust enrichment for the possession of the instant real estate.

B. The Defendants asserted that the instant real estate was illegally occupied and used as a parking lot site.

The real estate in this case was occupied by F, which is the son of the pre-owner of the land in the above E, by piling up stone, etc.

The Defendants sought F’s understanding from the instant real estate by frequently exposing the earth’s NA and then worked for cement on the floor around June 19, 2018.

However, even after that, the F has continuously occupied the instant real estate by installing containers.

3. Determination

A. According to each description and image of Gap's 4, 5 (including paper numbers), 5, and 6 (including paper numbers) on the real estate of this case, according to the concrete removal and delivery request part of Gap's real estate of this case, all of the concrete parts on the ground of this case's real estate of this case's real estate of this case's real estate of this case's real estate of this case's real estate of this case were removed

The Defendants currently occupied the instant real estate.

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