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(영문) 전주지방법원정읍지원 2014.10.02 2012가단7876

토지인도 등

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1. The Plaintiff:

A. Defendant Jeollabuk-do shall indicate the annexed drawings among the land indicated in the attached Form from September 25, 2013 and from KRW 52,318 and September 25, 2013.

Reasons

1. Basic facts

A. On October 4, 1962, the former Chang-gun, Go Chang-gun, B, and 126 square meters (hereinafter “B”) were owned by C on October 4, 1962, and D’s sole ownership was due to the agreement on the division of inherited property on March 12, 1985, and became owned by E on January 5, 190.

After that, with respect to the land B on March 8, 199, the plaintiff completed the registration of transfer of ownership based on the gift of the former District Court No. 4351, Feb. 12, 1999.

B. The land category B was part of the land in the Go Chang-gun, North Chang-gun, and was the site. However, the land category was changed to a road as classified on December 16, 1968.

C. On March 7, 197, Defendant Jeollabuk-do: “Nero 3-801, which successively connects each point of subparagraph 11, 7, 8, 9, 10, and 11 of the attached Form No. 11, 7, 8, 9, 10, and 11 among the land B; and “Nero 2809,” which successively connects each point of subparagraph 13, 14, 15, 16, 17, 17, 3, 4, 5, 6, 7, 11, 12, and 13 of the attached Form No. 13, 197; and “Nero 2809,” which is a part of the attached Form No. 13, 14, 15, 17, 17, 44, 6, 7, 12, and 13 among the land B, has designated

On July 26, 2007, Defendant Chang Chang-gun transferred the above part of the land from Defendant Jeollabuk-do to manage 47 square meters of the land of this case.

[Reasons for Recognition] Evidence No. 1-3, Evidence No. 5-7, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion asserts that the Defendants, without any title, provided the instant land as a concrete package. Thus, the Defendants are obligated to remove the road package and deliver it to the Plaintiff, who is the owner of the instant land. Moreover, they are obligated to pay the past and future unjust enrichment obtained by occupying and using the instant land.

B. Determination 1) According to the above facts of recognition as to the cause of claim for the removal of roads and the request for the delivery of land, the Defendants shall be subject to no special circumstances.