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(영문) 부산지방법원 2019.07.11 2019가단301445
토지인도
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to the cause of claim

A. The Plaintiffs’ assertion 1) Plaintiff B is the right holder of 6,578/7,50 of 7,550 square meters of 362 square meters of miscellaneous land E, Young-gu, Busan Metropolitan City, and Plaintiff A is the right holder of 3,975/7,550 of 963 square meters of F road, and the right holder of 2,014 square meters of land for G land and 1,005 square meters of H miscellaneous land (hereinafter “Plaintiffs’ land”).

3) The Defendant is not a party to the Plaintiff’s land, but a party to the Plaintiff’s land (hereinafter “Defendant’s land”) is not a party to the Plaintiff’s land.

2) However, since the Defendant’s wall (hereinafter “the wall of this case”) invadeds the Plaintiffs’ land and interferes with the Plaintiffs’ exercise of ownership, the Defendant is obligated to remove each part of the wall of this case, which was installed against the Plaintiffs’ land, and deliver each part of the part of the wall of this case to the Plaintiffs.

B. According to the records in Gap evidence No. 6, it is recognized that, around October 10, 2018, the Korean Land Information Corporation and Busan Vice-Governor of the Republic of Korea prepared a cadastral status survey map to the effect that the fence of this case was installed by erosion of the plaintiffs' land as stated in the purport of the claim (hereinafter “the instant performance map”).

However, the statement in Gap evidence No. 6 is written in Eul evidence Nos. 1 through 4 (including the number of each number), the fact-finding inquiry, reply results, and the whole purport of the pleadings in this court as to the Vice-Governor of the Korea Land Information Corporation in Busan, the Busan, and the following circumstances, which are acknowledged as follows:

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