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(영문) 대구지방법원 2017.11.15 2016가단117626

토지인도

Text

1. Plaintiff (Counterclaim Defendant)’s claim against Defendant International Metal Co., Ltd. and Defendant (Counterclaim Plaintiff) Co., Ltd.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On April 26, 2016, the Plaintiff is the owner who purchased the instant real estate from the Schact Manager C, a rehabilitation company, and completed the registration of ownership transfer on May 25, 2016.

The Defendant International Metal is an owner of the D 10,594 square meters of land for a factory and E 3,944 square meters of land for a factory in Yongcheon-si, the adjoining land of the instant real estate. A factory is constructed and operated on the ground around June 16, 2010, and the Defendant Sejong Heavy is an owner of 21,110 square meters of land for a factory in Yongcheon-si, the adjoining land of the instant real estate, and is operating a factory on the ground from November 14, 201.

The Defendants used the instant real estate as access roads to each factory of the Defendants, or used it as a parking lot for employees’ parking lot.

The Defendants, around 208 and around June 30, 201, consented to the use of the instant real estate from the Plaintiff, the former owner of the instant real estate, as access roads to each factory of the Defendants’ respective factories, and opened the instant real estate as a road around that time with their own expenses.

On the other hand, on November 16, 1992, Gyeong-do decided and publicly announced the instant real estate as G as an urban planning road pursuant to the National Land Planning and Utilization Act, and the Dong Center in Yongcheon-si decided to designate the road route and the road zone as City/Do JJ pursuant to Article 25(3) of the Road Act and Article 6 of the Enforcement Rule of the same Act with respect to the instant real estate, including the instant real estate, from November 15, 2013 to December 12, 2013, in order to solve the inconvenience in transportation of products and traffic, due to the deep rupture of the road, and to resolve the inconvenience in transportation of products.

However, Youngcheon-si announced on August 3, 2017 K.