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(영문) 서울동부지방법원 2019.04.02 2017가단144056
토지인도
Text

1. Of the real estate listed in the separate sheet, the Defendant indicated in the separate sheet to the Plaintiff each of them indicated in the annexed sheet No. 14, 15, 16, 17, 18, 19, 20, 21, and 14.

Reasons

1. Facts of recognition;

A. The Plaintiff was awarded a successful bid on March 7, 1994 and completed the registration of ownership transfer on March 7, 1994, and purchased the remaining 1/2 shares on June 23, 201 and completed the registration of ownership transfer on the same day.

B. However, the part concerning “B” as indicated in the Disposition No. 1 of this case among the forest land of this case is each installed, as indicated in the attached Form No. 1 (hereinafter “each of the instant graves”) by the deceased C’s wife and by the deceased C’s de facto spouse, the deceased C’s spouse, and the aforementioned part “B” is being used in accordance with the protection, etc. of each of the instant graves.

The defendant manages each of the graves of this case as the south of the deceased C, the south of the deceased C.

C. The Plaintiff and the Defendant agreed on each of the instant graves around May 2017 as follows.

(A) No. 4-1 and 1 (hereinafter “this case’s agreement”) Defendant does not assert the Plaintiff’s prescriptive prescription any longer. (2) The Defendant, after the death of F’s mother G, will immediately remove each of the instant graves in accordance with funeral procedures.

3) The Plaintiff may not raise any objection to the Defendant before G dies. D. G died on September 8, 2018. [In the absence of any dispute over evidence, entry of the evidence Nos. 1, 4-1, 5-1, 6-7 of the evidence Nos. 1, 7-5, 6, and 6-7, the result of the appraisal commission to the branch offices of the Korea Cadastral Survey Corporation established by the Korea Cadastral Survey Corporation, and the purport of the entire pleadings.

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to excavate each of the instant graves to the plaintiff according to the agreement of this case and deliver the said “B” land to the plaintiff, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The gist of the Defendant’s assertion is that only after the agreement of this case was reached, the Defendant had already agreed on the deceased’s graves among each of the instant graves at the time of the agreement.

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