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(영문) 대전지방법원 2014.08.27 2014가단12789
토지인도
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C, after purchasing official land from the Defendant on July 7, 1987, constructed a building with two underground floors and two above ground floors on the above land (hereinafter “instant building”) and obtained approval for use on February 11, 1989, after obtaining approval for use on the above land.

2. 13. The registration of initial ownership has been completed in C’s name.

B. Of the land of this case, the section at the port connected each point of 7, 8, 9, 6, and 7 of the annexed drawing indicating 7, 9, 10, 11, 5, and 6 of the attached drawing among the land of this case (hereinafter “the land of this case”), the section at the port connected each point of 5, 11, 12, 12, 2, 3, 4, and 5 of the attached drawing indicating 7, 8, 9, 6, and 7 of the attached drawing are installed in the section at the port of each of 6, 9, 10, 10, 11, 11, 12, 12, 2, 3, 4, and 5 square meters of the attached drawing. The above concrete structure (hereinafter “the concrete structure of this case”) are installed in the section at the underground walls of the building of this case or are attached thereto.

C. When the instant concrete structures were installed and occupied and used in part of the instant land owned by the Defendant, the Defendant filed a lawsuit against F who purchased the instant building from C, etc. (Seoul District Court 90Kadan1013 Land Delivery, etc.) and sentenced the said court to the effect that “the Defendant F removed the instant concrete structures and trees, etc. installed on the instant land from the Plaintiff (the Defendant in the instant case) and delivered the occupied portion.” The said judgment became final and conclusive on August 17, 191.

On the other hand, G, the wife of C, purchased the instant land from the Defendant on November 28, 1991 and paid the purchase price to the Defendant around that time.

Since then, the Defendant did not question the owner of the instant building as to whether he occupied the instant land, and C or G did not question whether the owner of the instant building or the Defendant occupied the instant land.

E. The instant building is currently H. I.

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