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Reasons
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(영문) 대구지방법원포항지원 2017.06.13 2015가단4885
토지인도
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1. The Defendant indicated on the attached sheet No. 74, 75, 76, 77, 78, 79, 80, 81 and 74, 75, 77, 78, 79, 80, 81, among the 4,212 square meters of land before the Gyeong

Reasons

1. Facts of recognition;

A. On March 25, 2015, the Plaintiffs completed the registration of ownership transfer on February 5, 2015 with respect to each 1/2 share of 4,212 square meters (hereinafter “instant land”) among the 4,212 square meters (hereinafter “instant land”).

B. However, among the land in this case, the appraisal of the attached Table 28, 30, 31, 32, 33, 34, 26, 27, 27, and 28 square meters in the part of the attached Table 68 square meters in the ship connected with the attached Table 28, 30, 31, 32, 33, 34, 26, 27, and 27, and 28 square meters in the attached Table 74, 75, 76, 77, 78, 79, 80, 80, 81, and 74, among the houses owned by the defendant, the appraisal of the land in this case is in line with the boundary of the land in this case, and it is currently occupied by the defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, unless there are special circumstances, the defendant interferes with the exercise of the plaintiffs' right to the land of this case, and thus, the part of this case which the defendant occupied and used by the defendant based on the plaintiffs' right to claim the removal of disturbance based on the plaintiffs' ownership is removed and the defendant has a duty to deliver the part of the case

B. The defendant's assertion is alleged to the purport that the defendant has the right to possess the land of this case by legitimately purchasing from the owner of the building of the Gyeongung-gun E and the above ground, and therefore, according to the evidence Nos. 2, the defendant purchased from F on March 15, 2013 the 20,000 won of the Gyeong-gun E and the above ground buildings from F on March 15, 2013, but it is not sufficient to recognize that the above facts alone are insufficient to recognize that the defendant has the right to possess the land of this case, and there is no other evidence to support this. Thus, the above argument by the defendant is without merit.

3. Conclusion, the plaintiffs' claim of this case is justified.

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