도로 철거 및 토지인도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is an owner who completed the registration of ownership transfer based on sale on July 24, 1997 with respect to 1,882 square meters and C large 278 square meters (hereinafter “instant land”).
B. The Defendant constructed a house on the E-ground adjacent to the instant land and raises milch in F in the same village with the deaf house in the same village.
C. Of the above C, the part (a) of the attached drawing indicating the number of points indicated in the attached drawing Nos. 9, 10, 11, 12, 15, and 9 are used for the passage of village residents in the following order: (b) the part (a) of the attached drawing Nos. 1, 14, 8, 9, 15, 12, 13, and 1 of the attached drawing Nos. 9, 10, 11, 12, 15, and 9 of the attached drawing Nos. 3
Of the above D, the part (c) of 294 square meters in the ship connecting each point of the attached drawings Nos. 1, 2, 3, 4, 5, 6, 7, 8, 14, and 1 among the above D was packed as concrete to be used as a farm facility.
E. The Defendant collected the said crops and agricultural machinery as at the present time, which is composed of part of the area of 1,882 square meters prior to the said D, such as drilling, gluora, and branches.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 12, 13 (including those with serial numbers; hereinafter the same shall apply), Eul evidence Nos. 16, Eul evidence and video, the result of the measurement and appraisal entrusted to the President of the Asia District Information Corporation in this Court, the purport of the whole pleadings
2. As to the cause of the claim, the Plaintiff asserts that the Defendant formed a road or occupied and used a stock farm facility on a part of the instant land by packaging concrete in the part of the instant land. In the part of D 1,882 square meters of agricultural products among the instant land, the Plaintiff buried agricultural products in depth and loaded agricultural machinery in the part of D 1,882 square meters of agricultural products, and that it currently occupies them in possession by unleashing them, and sought removal of concrete packaging parts of the instant land and delivery of the said land.
Therefore, first of all, whether the defendant is occupying and using concrete packaging construction on the land of this case, and the evidence and witness G submitted by the plaintiff.