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(영문) 대전지방법원논산지원 2017.07.20 2017가단639

도로복구 등

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1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s ownership of each piece of land owns C, 4324 square meters (hereinafter “Plaintiff’s arable land”) and D 37 square meters, the Defendant owns B-road 49 square meters (hereinafter “instant land”), and Nonparty E (hereinafter “non-party E”) owns the land of which the F is 698 square meters and G 689 square meters (hereinafter “non-party clan”) respectively.

B. 1) As seen in the annexed satellite photographs, the non-party clan farming ground is directly adjacent to the north-dong of H (attached Form 1, marked in white on the left-hand side of satellite pictures). In other words, the Plaintiff farming ground is adjacent to the north-dong side. 2) The remaining end of the Plaintiff farming ground and the non-party clan farming ground is adjacent to the land.

Attached Form

The land indicated in the satellite photograph is the land in this case, which is a red line, and as seen in the above satellite photograph, the land in this case is the land in a long shape, extending out from H to north-west, and extending to North-west.

3) Although the land category of the instant land is classified as “road”, it does not actually have a road on its ground, and the part remaining behind the non-party clan arable area of the instant land is currently growing along with the non-party clan, and the part remaining south of the Plaintiff arable area is cultivated as a whole with his own arable land while I occupy each of them. 4) As seen in the attached satellite photograph, the remaining side of the instant land is opened as a concrete package with a width of about 3 meters going out from H to north-west.

(hereinafter referred to as the “instant present state road”). The present state road of this case is set up on each land of D, J, K, L, and M, Chungcheongnam-gun.

C. The plaintiff in the process of the lawsuit concerned is not more than 20 square meters, i.e., the part in which the non-party's farmland is contacted with the south of the non-party's farmland among the land of this case, i.e., the part in which the non-party's farmland is in contact with the south of the non-party's farmland.