도로원상회복등
1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.
2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.
1. Basic facts
A. Defendant B is the owner of the land in Daegu Dong-gu C (hereinafter “Defendant’s land”). The Plaintiffs are the owners or farmers of D, E, F, G, H, I, and J land adjacent to the Defendant’s land.
B. Of the Defendant’s land, the part (i) of the attached Table 11, 12, 13, 14, 15, 16, 38, 37, 36, 35, and 11 attached hereto connected each point in order to the Defendant’s land and 1,2,3,4, 5, 6, 7, 34, 33, 32, 31, 30, 29, 28, 27, 26, and 11 attached Table 11, 12, 14, 15, 16, 37, 37, 36, 35, and 11 attached Table 68 square meters and part (ii) connected each point in the Defendant’s land (hereinafter “instant traffic route”) was provided to the Plaintiffs’ passage for the purpose of cultivating agricultural crops by March 25, 196.
C. On March 2009, K, the husband of Defendant B, filed a civil petition against Defendant Daegu Metropolitan City Dong-gu, Seoul Metropolitan City to the effect that “The ownership of the private land (Defendant’s land) is restricted due to the instant traffic, so that it would cause appropriate compensation regardless of the removal of the instant traffic route,” and filed a civil petition against the Anti-Corruption and Civil Rights Commission with the same content.
On March 26, 2010, K and Defendant Daegu Metropolitan City Dong-gu agreed to the effect that “the passage of this case is restored to its original state, the construction is promoted as a substitute between the Defendant’s land and Daegu Dong-gu L land, and K actively cooperates with it” under the arbitration of the Anti-Corruption and Civil Rights Commission.
E. On October 6, 2016, Defendant Daegu Metropolitan City, Daegu-gu, opened a new road between the Defendant’s land and Daegu Dong-gu L and M as a substitute for the instant passage, and completed the completion inspection on December 27, 2016, and started the construction of removing the instant passage around that time.
F. On April 7, 2017, the Plaintiffs: (a) closed the Defendant’s land along the Dong-gu, Daegu Metropolitan City; and (b) agreed to secure the width of the farmland for the convenience of traffic by changing the partial sections (10 meters) of the substitute road (N land) established; and (c) subsequently, the Defendant’s land-related agriculture.