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(영문) 청주지방법원 2017.04.27 2016가단108830

도로철거 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 8, 200 with respect to the land of this case, the procedure for compulsory auction was commenced on a date of August 8, 200 with respect to the land of this case, the pertinent land was awarded in order to obtain a successful bid, and the Plaintiff completed the registration of ownership transfer on April 7, 2001 with respect to each of the land of this case on March 23, 2001.

B. At present, the appraisal of the instant land is part of the access road (hereinafter “the access road of this case”) that is used as the passage of the general public and is used as a village access road (hereinafter “the access road of this case”) with the same appraisal as 11, 4, 12, 19, 13, 14, 18, 17, 17, and 2, which connects each point of (c) road slope in sequence of 11, 4, 12, 19, 17, 16, and 11.

C. The Defendant entered the village of this case, including the part on the ship (B) part, and installed water supply pipes in the underground around December 23, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 5-1, the result of this court's request for surveying and appraisal to the Cheongju and Vice-Governor of the Korea Land Information Corporation, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff's assertion is without title sealed on the plaintiff's ship (B) and occupied and used the part of the road of this case, the defendant is obligated to remove the above part of the container package, deliver the part of the road of this case, and return unjust enrichment equivalent to rent due to the possession of the part of the road of this case.

B. Since the former owner of the instant land asserted by the Defendant renounces his exclusive right to use and benefit from the instant land, the Plaintiff, who succeeded to the instant land, also to the specific successor thereof, has exclusive rights against the Defendant.