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(영문) 수원지방법원안양지원 2014.08.21 2014가단102133
부당이득금
Text

1. The defendant,

A. Of the real estate listed in the separate sheet 2 list, the detailed description 1, 2, 3.

Reasons

1. Basic facts

A. D’s land and building 1) D’s real estate listed in the annexed Table 1 List owned by the principal (hereinafter “instant land”).

) and E large 187.1 square meters (hereinafter “the adjoining land of this case”) shall be referred to as “the adjoining land.”

3) On the ground, the building listed in the annex 2 list (hereinafter “instant building”).

(2) On January 15, 1979, the building of this case newly constructed and completed registration of preservation of ownership on the land of this case. 2) Of the building of this case, the building of this case was constructed on the land of this case 18.9 square meters in the part (B) and the part (a) 60.4 square meters and 18.9 square meters in the ship connecting each point of 1, 2, 3, 3, 3, 1, 1, 1, 1, 1, 6, 5, 5, 7, 7, 8, and 18.9 square meters in the ship (hereinafter “the part in the dispute of this case”) that successively connected each point of 1, 1979.

3) Although the land adjacent to the instant case adjoins to the road, the instant land is a blind spot that can only be on the road through the instant adjacent land. (b) F, Plaintiff F, and Plaintiff A purchased shares of 111/6 of each of the instant land, and completed each of the instant land on June 26, 1979.

2) On April 18, 1990, the Defendant purchased the remaining shares of the instant land, 94.3/205, and completed the registration of ownership transfer under the name of the Defendant on April 18, 1990.3) On June 25, 1999, Plaintiff B filed a registration of ownership transfer for F’s shares out of the instant land.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 3, Eul's evidence 1, the result of the survey and appraisal conducted by appraiser G, the purport of whole pleadings

2. The assertion and judgment

A. According to the judgment on the cause of the claim 1, the defendant exclusively occupies the land in the dispute part of the instant case among the land owned by the plaintiffs and the defendant without consultation with the plaintiffs, barring any special circumstances, the defendant removes the dispute part of the instant case to the plaintiffs, and occupies the land in the dispute part of the instant case.

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