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(영문) 서울중앙지방법원 2014.07.11 2012가합106640

토지인도등

Text

Defendant Seoul Special Metropolitan City shall remove each of the facilities listed in the list of removed facilities attached Table 1 to the Plaintiff.

Defendant.

Reasons

Basic Facts

The present status of the instant land is the site and forest land specified in Paragraph (2) of the main text of the instant land (hereinafter “instant site”; and the shape of the instant land is as shown in the attached Form 2 when adding up two land.

The instant site is a complete slope with a narrow width and a long length of a road, and it is divided into 138 square meters in the division on May 2, 2002 from 68 1093 to 1197 m2.5 square meters in the division on May 2, 2002, and is transferred to 105 square meters in the division on May 9, 2007 to 117, 960.5 square meters in the same area as the present, and is again transferred to 1093m2 in the division on May 9, 2007.

A. (1) The part of paragraph (1) and 942.4 square meters (hereinafter “the area of the instant case”).

(B) Paragraph (b) of Section 3 and Section 18.1 square meters (hereinafter referred to as “instant road section”).

(2) The part of the instant area is composed of several facilities (hereinafter referred to as “facilities of this case”) such as Hobble block and concrete drainage conduits, distribution and alteration, as shown in Appendix 1, on the ground. The part of the instant area is on the same ground.

) A road has been installed and is used as a park. On the road section of this case, structures and retaining walls such as stated in paragraph 4. of the purport of the claim (hereinafter referred to as “the retaining wall, etc. of this case”).

The forest of this case is installed and is in use as a road. The forest of this case is used as a sloping slope in the shape of a rectangular type. The Plaintiff acquired the ownership of the land of this case as a park. On July 22, 1981, the Plaintiff completed the registration of ownership transfer on the land of this case 1093-68 site before the partition of the land of this case on December 31, 1981. Meanwhile, the Plaintiff purchased 6,168.9 square meters and completed the registration of ownership transfer after purchasing 1093-6,68.9 square meters, which are adjoining land of 1093-68 square meters before the partition on June 11, 1981. The Defendant Seoul Special Metropolitan City delegated with the administrative affairs of the Defendant Special Metropolitan City purchased 1093-6,168.9 square meters and completed the registration of ownership transfer on the road of this case whose prescription expires on March 11, 1978.