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(영문) 대구지방법원 경주지원 2018.04.17 2017가단11936
토지인도
Text

1. The defendant has each point of the attached reference indicated in the attached Form 1, 2, 3, 4, 5, 6, 7, 11, and 1 among the land size of 125 square meters for the plaintiff, racing-si.

Reasons

The judgment on the cause of the claim is the owner of 874 square meters and 1,224 square meters prior to D, Si-si. In order to construct a new house on each of the above lands around 2008 and use it as an access road, the Defendant purchased 33 square meters from the Plaintiff for the purchase price of 1,00,000 square meters in attached reference among the 125 square meters of land owned by the Plaintiff in order to use it as an access road. However, the Defendant and her husband F connected each of the items of (a) part of 7,9,10,00 square meters in attached reference among the 1,2,3,4,5,6,7,11, and 11 on each of the above land (hereinafter “instant land”) and then packaging concrete on each of the items of (a) part of 76 square meters connected to the above land on each of the above land, or there is no dispute between the parties to the land survey and the purport of appraisal of the entire evidence of evidence No. 3 (including evidence No.

According to the above facts, the defendant is obligated to remove concrete packaging on the land of this case and deliver the land of this case to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The gist of the Defendant’s assertion has been used as a road prior to the Defendant’s use, and its land category is also a road, and the Defendant uses the instant land only for access roads.

The instant land does not only pass through the Defendant.

Therefore, the Plaintiff’s seeking to remove concrete packaging and land transfer on the instant land constitutes an abuse of rights and thus cannot be allowed.

B. If the exercise of the right can be seen as an abuse of the right, a subjective purpose of the exercise of the right is to inflict pain and damage on the other party, and there should be no benefit to the person who exercises the right, and the exercise of the right objectively goes against social order.

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