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(영문) 전주지방법원 2015.07.16 2014나4630

구조물철거 등

Text

1.The judgment of the first instance shall be modified as follows:

The defendant (1) 5,851 square meters of forest land B at Kim Jong-si.

Reasons

1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties concerned; (b) Gap evidence Nos. 1 to 3, 5 through 7, 10, and 11 (including paper numbers); and (c) the result of the court’s commission of measurement and appraisal to the appraiser C by the court of first instance; and (d) the whole purport of arguments as to the result of the commission of appraisal by the appraisal appraisal agency by the court of first instance.

On December 19, 2006, the Plaintiff completed the registration of transfer of ownership with respect to the forest of this case on the ground of donation from December 15, 2006.

B. Of the instant forest land, the parts of (b), (c), and (d) were already used as roads before 1985.

C. At around 2006, the Defendant installed water supply facilities, and sewerage facilities around 201, respectively, at around that time, around the above (b), (c), and (d) to resolve inconvenience to residents. D.

The amount equivalent to annual rent calculated on the premise that no existing road exists with respect to (b), (c), and (d) of the forest of this case shall be as follows:

(1) From January 1, 2006 to December 15, 2006 to December 17, 2006; 15, 200-12, 140-17, 970 to December 1, 2007; 16, 16, 80-13, 430; 20. 3, 20. 1 to 30. 2, 201, 20. 3, 20. 3, 20, 201, 20. 16, 20. 3, 20. 1 to 3, 205, 201, 20. 3, 206, 430. 49, 710 to 20. 31, 200, 200, 200 to 31, 209;

2. The assertion and judgment

A. According to the above facts, the Defendant, barring special circumstances, removed the asphalt packing roads installed in the parts of (b), (c) and (d) of the instant forest, and water supply and drainage facilities installed in the underground of the instant forest. The Defendant, barring special circumstances, removed the instant forest from the forest land, and removed the said paragraphs (b), (c) and (d).