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(영문) 대전지방법원 2018.04.19 2017가단10319
토지인도 등
Text

1. The defendant

A. On the line that connects 10, 11, and 12 of the attached Form No. 10, 12 among the 725 square meters in Daejeon Seo-gu C.

Reasons

1. Facts recognized;

A. On June 15, 2016, the Plaintiff purchased the Daejeon Seo-gu Daejeon Daejeon Seo-gu 848 square meters and completed the registration of ownership transfer on August 17, 2016.

In March 2017, the said land was divided into the Daejeon Seo-gu, Daejeon-gu, 725 square meters (hereinafter “1 land”) and the 123 square meters (hereinafter “2 land”).

B. The Defendant owns the land of Daejeon Sung-gu E and its ground brick sloping roof, one-story house of 81.02 square meters (hereinafter “Defendant’s house”).

C. The wall, fence, and gate (which are installed on the line connecting 9, 10, 11, and 12, a part of the Defendant’s house) are located on the land owned by the Plaintiff and on the land owned by the second.

제1토지 중 같은 도면 표시 4, 5, 6, 10, 11, 12, 4를 차례로 연결한 선내 ㄴ부분 77㎡에 둘레 25cm 정도의 나무 1그루와 넝쿨장미가 심어져 있다.

Among the land in 2, one g, one g, one g, one g, one g, one g, one g, one g, one g, one g, and one g, one g, one g, one g, one g, one g, one g, and one g, one g, one g, one g, one g, one g, one g, two g, one g, two g, two g

The two parts are used as the defendant's housing math.

[Ground for Recognition: Facts without dispute, Gap 1 through 8, purport of the whole pleadings]

2. According to the above facts finding as to the claim, unless the defendant has a title to possess the part of land Nos. 1 and 2, the defendant is obligated to remove the brick, fence and gate to the land owner, remove the planted trees, and deliver the parts to the two parts.

B. The defendant's assertion is asserted to the purport that the plaintiff's claim is unjustifiable, since the defendant's building was knowingly purchased at the time when the plaintiff purchased the land No. 1 and No. 2.

The plaintiff's claim cannot be rejected just because it is alleged by the defendant. Thus, the defendant's above assertion cannot be accepted.

Since the defendant can establish legal superficies on the main land of the defendant building, the plaintiff's claim is filed.

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