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(영문) 대구지방법원서부지원 2016.07.06 2015가단8753
토지인도등
Text

1. The defendant shall be the plaintiff.

A. Of the area of 712 square meters in Gyeongbuk-gun, the number of items indicated in the attached Form 8, a, 9, b, and 8 shall be in order.

Reasons

1. Determination as to the cause of claim

A. Basic facts 1) On October 15, 2013, the Plaintiff: (a) from D on October 15, 2013, the elderly CJ 712 square meters (hereinafter “instant land”).

(2) Around October 7, 2010, the Defendant purchased the instant land and completed the registration of ownership transfer on November 20, 2013. (2) Around October 7, 2010, the Defendant is the owner who acquired the E large scale 248 square meters adjacent to the instant land and the 91.59 square meters of the first floor and other offices of the second-class reinforced concrete building built of reinforced concrete concrete structure (hereinafter “Adjoining building”).

3) The Defendant installed a fence on the line, which connects each point of which is indicated in the annexed drawing Nos. 7, 9, 12, and 8, and installed a fence on the line, which connects each point of which is indicated in the annexed drawing Nos. 8, A, 9, 2, and 8, and installed a boiler room and a stairs connected to a rooftop entrance each in sequence of the same drawing Nos. 7, 9, 10, 11, 12, 8, A, and 7, and occupied a part of 16 square meters in the line (b) connected each point of which is indicated in the same drawing No. 14, 15, 16, and 14 as the site of an adjacent building. The Defendant installed a fence on the line, which connects each point of which is indicated in the annexed drawing No. 14, 14, 16, 14, and used as a passage for entering the adjacent building for the period of 30,013.

【In the absence of a dispute over the basis of recognition, Gap evidence 1, evidence 2-1, and 2-2, the result of this court’s request for survey and appraisal for senior branch offices of the Korea Land Information Corporation, the result of a request for a discretionary appraisal of appraiser F, the purport of the whole pleadings

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to remove the boiler room installed in the part of the instant land connected with each point of 8, A, 9, B, and 8, and the stairs leading to rooftop entry, respectively, among the instant land, to the Plaintiff, and to deliver the part of 16 square meters in the ship connecting each point of 7, 9, 10, 11, 12, 8, A, and 7 of the aforementioned drawings.

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