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(영문) 서울중앙지방법원 2020.11.13 2019가단5153094
토지 등 인도 청구의 소
Text

1. The defendant Republic of Korea stated in the annexed sheet 1, 2, 3, 4, 5, 6, 7, 8, 9, 10.1 of the annexed sheet 1, 2, 3, 4, 5, 6, 7, 8, 9, 10.

Reasons

1. Facts of recognition;

A. G was divided into E on December 30, 1957 with the area of 3,028 square meters in Innju-si. The area of F was divided into the said area of 3,028 square meters (hereinafter “D before the division”) on November 10, 1990, and the area of F was divided into 2,063 square meters in the said area of D 2,063 square meters on August 5, 2003 (the area of D was 2,063 square meters); and C or H was divided into 1,940 square meters in the said area of D 1,940 square meters on February 28, 2018.

(hereinafter referred to as "each parcel of land" is referred to as "Irrily land") cadastral status refers to annexed Form 2.b.

As above, the registration of ownership transfer for one-half portion of the instant land has been completed on January 19, 2018, with respect to the land divided into the land D before subdivision (hereinafter “instant land”). On January 19, 2018, Plaintiff B had been completed on January 3, 2018, and thereafter, on April 16, 2019, the registration of ownership transfer for one-half share of the instant land was completed on April 11, 2019.

C. Of the instant land, the road and ditches are installed on the part of 413 square meters in a ship which connects each point of the attached Table 1 drawings Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 16, and 413 square meters in a ship (hereinafter “the instant part”), and the Defendant Republic of Korea manages the instant road and ditches.

On the other hand, Defendant Republic of Korea completed the registration of initial ownership on May 10, 191, according to the implementation of the L district rearrangement project with respect to the J ditch 5,605 square meters (hereinafter “J land”) and K road 3,892 square meters (hereinafter “K land”). As indicated in the attached Form 2, part of the J land is facing the boundary of the instant land, as indicated in the attached Form 2, and K land is facing the boundary of J land.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 6, 12, 14, Eul evidence 1, 2, 9, 10 (including branch numbers, if any; hereinafter the same shall apply) and images, and this Court.

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