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(영문) 의정부지방법원 고양지원 2021.02.10 2020가단78069
토지인도
Text

1. The defendant shall order each point of the attached Form 8, 25-39, and 8 among the land listed in the attached list to the plaintiffs.

Reasons

1. Facts of recognition;

A. On May 17, 2002, the Plaintiffs completed the registration of the transfer of ownership with respect to each one/2 of the shares of 2,842 square meters of land D in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul before the subdivision.

On October 14, 2020, the forest land prior to the said subdivision was divided into 1,512 square meters for D forest land, E forest land, 546 square meters for E, F forest land, 453 square meters for forest land, G 330 square meters for forest land (hereinafter “Plaintiff-Appellant”) and H forest land.

B. On September 28, 1990, the Defendant completed the registration of transfer of ownership on July 30, 1990 with respect to buildings of 107.52 square meters and 166.50 square meters in store 16.50 square meters in Goyang-gu, Goyang-gu (hereinafter “the Defendant’s land”) adjacent to the instant land and of 331 square meters (hereinafter “the Defendant’s land”).

Since the Defendant’s completion of the registration of transfer of ownership on the instant building, the attached appraisal of the Plaintiff’s land in the instant case is also used as the site for the instant Defendant’s building, which was connected in turn to each point of Nos. 8, 25-39, and 8.

[Ground for recognition] Unsatisfy, Gap 1-7 evidence (including a number with a number; hereinafter the same shall apply), Eul 1-3 evidence, the purport of the whole pleadings

2. Determination

A. According to the facts found in the determination as to the cause of the claim, the Defendant is obligated to remove the part on the ground of the instant dispute among the Defendant’s building and deliver the part on the dispute to the Plaintiff.

B. The defendant's assertion 1) At the time when the defendant's building of this case was approved on June 17, 1975, the defendant's building of this case adjoins forest land and it was difficult to understand that the defendant's building of this case infringed the plaintiff's land.

Since then, as the building was newly constructed on neighboring land, the building of this case was protruding out.

After acquiring ownership of the Defendant’s building of this case on September 28, 1990, the Defendant occupied the part of the dispute of this case with the intention of ownership.

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