토지인도등
1. The Defendant shall keep in turn each point of the attached Table 10, 11, 12, and 10, out of the land size of 1017 square meters in Sungsung-si Co., Ltd. to the Plaintiff.
The fact that the land in this case is the land owned by the Plaintiff. The Defendant is a resident residing in the housing located in the above D, adjacent to the land in this case. The Defendant owned 82.5 square meters in the above E field abutting on the land in this case (hereinafter “E land”). The part where the land in this case and E land are adjacent to the land in this case, there is a non-packaged road used by residents, including the Defendant, for traffic. The attached appraisal among the land in this case is connected with each point of 10,11,12,10 square meters in order of the attached appraisal map No. 13,14,15,17, 17, 6, 5, and 13, the land in this case is also connected with the land in this case. The Defendant is not entitled to dispute over the part of the land in this case’s 17,000 square meters in which the appraisal map No. 10,11,12,1000 square meters in each part of the land in this case are connected to the land in this case.
According to the above facts, as long as the defendant did not assert and prove that he had the right to pass along the road of this case, the defendant is obligated to deliver the road of this case to the plaintiff.
As to this, the defendant asserts that the plaintiff's claim of this case, seeking delivery of the road portion of this case, has been unfair since the plaintiff long used the road as a road before acquiring the ownership of the land of this case.
However, the defendant's right to pass the road of this case cannot be deemed to have been established merely because the village residents have used the road for a long time. Thus, the defendant's above assertion is without merit.
In addition, the defendant was constructed on the part of the land owned by the defendant, and both parties are different.