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1. The Defendant indicated in the attached Form 30, 31, 32, 33, 34, 35, 28, 29, among the land size of 1,971 square meters in Changwon-si, Changwon-si, Changwon-si, Busan Metropolitan City.
Reasons
1. Facts of recognition;
A. On August 10, 2002, the Plaintiff completed the registration of ownership transfer on July 23, 2002 with respect to the land of 1,971 square meters (hereinafter “instant land”) located in Yongsan-gu, Changwon-si, Changwon-si (hereinafter “instant land”). The Defendant completed the registration of ownership transfer on June 26, 1996 as to the D large 538 square meters adjacent to the instant land.
B. Of the instant land, there was a 22m2 inboard part (b) of the part on board (b) which successively connects each point of 30,31, 32, 33, 34, 35, 28, 29, and 30, among the instant land, the steel structure of the fish breeding facility installed and used by the Defendant as of October 12, 2017 (hereinafter “instant structure”).
[Reasons for Recognition] Unsatisfy, entry and video of Gap evidence 1 through 7 (including virtual numbers), the result of appraisal commission to the Korea Land Information Corporation and the purport of whole pleadings of this Court
2. Judgment on the plaintiff's claim
A. According to the above facts, the defendant is obligated to remove the structure of this case to the plaintiff, who is the owner of the land of this case, and deliver the land of this case to the plaintiff.
B. The Defendant asserts that the area of the instant sediment part is less than two square meters, and that the structure made of the instant sediment part using the steel-frame and steel pipe on the ground was immediately removed on March 10, 2017. However, there was no counter-proof that was recognized as the result of the survey appraisal conducted by the Korea Land Information Corporation on October 12, 2017, and thus, the Defendant’s above assertion is rejected.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.