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(영문) 울산지방법원 2017.05.24 2015가단7151
토지인도 등
Text

1. The Defendants indicated on the attached sheet No. 12, 13, 14, 15, 16, 17, 18, 9, 10, 11, 11, 12, 13, 14, 15, 16, 17, 18, 10, and 11.

Reasons

1. Determination as to the defendants' liability to remove fences and deliver land

A. The facts of recognition, around May 198, when I constructed two-story buildings on the area of 201 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-gun, which he owns, and installed a cement block fence (hereinafter “the wall of this case”) with the length of nine meters in length on the ship, which connects each point of the attached Table 12, 13, 14, 15, 16, 17, 18, 18, 9, 10, 11, and 12, among the attached Table 12, 18, 13, 14, 16, 17, 17, 18, 9, 10, 11, and 10 square meters in the area of “bbb” (hereinafter “the land”).

I died on February 21, 2009, and the Defendants succeeded to the land and buildings of J as co-inheritors.

[Reasons for Recognition] Facts without dispute, Eul 14, 15 evidence, the purport of the whole pleadings

B. The Defendants are obligated to remove the fence of this case to the Plaintiff seeking the exclusion of disturbance as the owner of the land of this case, and deliver the part of the land of this case possessed by the Defendants to the Plaintiff.

2. The Defendants asserted that the Defendants acquired the statute of limitations since I constructed a new building on the J land on February 17, 1993 by installing a fence on the land of this case on “BB” and occupied the land of this case on “BB” after the lapse of 20 years from that date.

According to Eul evidence 16 of February 17, 1993, I may recognize the fact that I constructed a cement block structure, a 58.94 square meter, a block structure, a block structure 23.47 square meter on the land of J on February 17, 1993, but it is insufficient to recognize that I installed a fence of this case at the above time only with evidence of 12,13,14, 17, and 18 square meters (including a provisional number). However, there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the evidence evidence Nos. 14, 15, and 16 and the overall purport of the arguments, I removed the above-story housing constructed on J land, and then I around May 11, 1998, known by the K.C and the red lux roof No. 1st class neighborhood living facilities, and housing No. 1, 101.

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