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(영문) 대전지방법원서산지원 2015.03.18 2014가단774

도로포장철거 등

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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 1, 2, 3, 4, 5, among the land size of 2975 square meters in Thai-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Determination on the main claim

A. According to the entries in Gap evidence Nos. 1, 2, and 4 as to the cause of the claim and the result of the on-site inspection conducted by this court, according to the results of the examination and appraisal conducted by the Korea Cadastral Survey Corporation and the overall purport of the pleadings, the fact that the plaintiff acquired the ownership of a lot of 2975 square meters in Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun on Nov. 24, 2005, and that the defendant occupied the portion of the land by packaging it on the ground of the attached Form Nos. 1, 2, 3, 4, 5, 6, 23, 22, 21, 20, 20, 19, 18, 17, 16, 15, 14, 13, 13, and 1, in turn, of the above land.

Unless there exist special circumstances, the Defendant is obligated to remove cement and road packages installed on the ground of the instant land to the Plaintiff and deliver the said land to the Plaintiff.

B. Defendant’s defense 1) On March 12, 1984, the Defendant purchased the entire land of 140 square meters (F after division) and G from Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and purchased the additional land of 112 square meters (F after division) on November 19, 1984. On October 30, 1993, the Defendant purchased the entire land of 59 square meters (F after division). From that time, the Defendant occupied the instant land as part of F’s intention and purchased the entire land of F with the Plaintiff the ownership transfer registration claim on October 30, 2013 for the completion of the prescription period. Thus, the right to possession of the instant land is entitled to claim for the ownership transfer registration on the ground of the completion of the prescription period for acquisition on October 30, 2013. In the absence of change to the registration title, the period of acquisition from the actual owner of the instant land can be viewed as the period of acquisition on the land of 33019.4.