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(영문) 청주지방법원제천지원 2020.02.12 2019가단21978
토지인도
Text

1. The plaintiffs' claims against the defendant are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the E large 716 square meters, F 301 square meters, G 147 square meters in Seocheon-si.

B. The Defendant is the owner of H land and the building on the ground thereof in Incheon City.

C. The Plaintiffs against the Defendant on August 30, 2019.

The suit of this case was filed to claim that part of each land stated in the port bed and the fence was installed and possessed, and that the wall was removed and the land was transferred.

On October 2, 2019, the defendant submitted a written answer to the effect that the dispute should be settled through accurate boundary surveying.

E. On November 4, 2019, the Plaintiffs are above-mentioned.

In order to specify the location and area of each land as stated in the paragraph, the survey and appraisal was applied.

As a result of the survey appraisal above, it was revealed that the defendant installed and occupied a fence on each part of the land of this case.

F. After that, the Defendant removed all fences installed on each of the instant land parts, and delivered each of the instant land parts to the Plaintiffs.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Since after the filing of the instant lawsuit, the Defendant removed the fence on each of the instant lands and delivered each of the instant lands to the Plaintiffs, the Plaintiffs’ claim seeking the removal of the said fence and the transfer of the instant land portion is no longer reasonable.

However, since the defendant violated and occupied the land owned by the plaintiffs, the lawsuit of this case was filed and the survey appraisal was conducted, it is reasonable that the defendant bear the costs of this case.

3. The plaintiffs' claim is dismissed due to the lack of reason, but the costs of the lawsuit are assessed against the defendant. It is so decided as per Disposition.

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