공작물 철거 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The residents of the Ulsan-gun, Ulsan-gun, using the area of 6,741 square meters (hereinafter “existing roads”) as village-based roads owned by the State, Ulsan-gun, Ulsan-gun, Ulsan-gun. However, the width was only 2 meters, and there was inconvenience in traffic.
B. From the last half of 1960 to the first half of 1970, C community residents expanded the width of the existing road into four meters as at the present. At that time, the owners of the existing land adjacent to the road voluntarily participated, agreed to use part of the land as the site for the road, and did not demand payment of the compensation or the user fee.
E was the owner of Ulsan-gun B, Ulsan-gun, a Ulsan-gun, a Ulsan-gun, 754 square meters (hereinafter “the instant land”) in the vicinity of the existing road at that time. Similar to other owners of the land adjacent to the existing road, E agreed to use the attached appraisal of the instant land without compensation the land of 54 square meters in the part of “bbb” (hereinafter “B”) as a site for a road, and “b” land is provided for the passage of neighboring residents or the general public for at least 40 years from that time.
C. E subsequently sold the instant land, and F, which was a village resident, purchased the instant land through a third party, completed the registration of ownership transfer in its name on July 23, 1981 pursuant to Act on Special Measures for the Registration, etc. of Real Estate Ownership (No. 3094).
On October 16, 199, F constructed a building on the instant land and obtained a building permit using “bb” land as an access road. D.
on August 17, 2007, F donated the instant land to the Plaintiff, ASEAN, and on August 20, 2007, F completed the registration of ownership transfer in the future of the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap 1-3, Eul 1-6 (including paper numbers), witness G testimony, the result of surveying entrustment, the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion 1 is owned by the plaintiff, and the defendant does not have any title to the "b" land.