logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2017.06.28 2016가단14999
토지인도등
Text

1. The Defendant indicated in the attached Form No. 31, 32, 33, 34, 35, 36, 37, 24, 25, 26, among the land size of 976 square meters in Busan-gun B, Busan-gun, the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 23, 2015, the Plaintiff was entrusted to the International Asset Trust Co., Ltd. immediately after completing the registration of ownership transfer on September 23, 2015 with respect to B Dae-gun, Busan Metropolitan City (hereinafter “instant land”), but completed the registration of ownership transfer under the Plaintiff’s name on August 11, 2016, on the ground of the reversion of trust property.

B. The Defendant purchased the land adjacent to the instant land from the former owner on September 6, 1978, and completed the registration of ownership transfer on October 25, 1978. The Defendant, around 1980, newly constructed a block structure, string roof, a single-story house, and 19.83 square meters on the neighboring land on the ground of the instant neighboring land, and completed the registration of ownership transfer on April 28, 198. The Defendant completed the registration of ownership preservation on April 28, 1989.

C. Part of the fence and the fence of the instant building is located on the ground part of the instant building, which connects each point of which, in sequence, indicated in the annexed drawing Nos. 31, 32, 33, 34, 35, 36, 37, 24, 25, 26, 26, and 31 among the instant land, are located on the ground.

[Ground of recognition] A without dispute, Gap evidence 1-1, 2, Gap evidence 3, Eul evidence 2 and 4, Eul evidence 2 and 4, the result of this court's request for surveying and appraisal to the director of the Korea Land Information Corporation, the purport of the whole pleadings

2. The owner of the judgment as to the cause of the claim has the right to demand the return of the article owned by him. According to the above facts, unless the defendant proves that he has the right to possess the affected part of the instant land, the owner of the instant land has the duty to deliver the affected part of the instant land to the Plaintiff, who is the owner of the instant land.

3. As to the judgment on the defendant's defense, the defendant occupied the part on the defendant's intrusion of this case for not less than 20 years, and acquired the prescription period for possession on the above part.

arrow