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(영문) 수원지방법원성남지원 2015.10.28 2014가단225389
토지인도 등
Text

1. The defendant,

A. The part indicated in the attached drawing(2) section 31 square meters and the part(3) 10 square meters in the attached drawing(2) shall be applied to the Plaintiff A from among the 555 square meters in Hanam-si.

Reasons

1. Presumed factual basis

A. The plaintiff A completed the registration of transfer of ownership on June 28, 2002 with respect to the land size of 555 square meters inHanam-si, and the plaintiff B completed the registration of transfer of ownership on June 28, 2002 with respect to D 1064 square meters inHanam-si

B. On February 24, 1988, registration of preservation of ownership was completed in the Republic of Korea on the E-road 3136 square meters (see attached cadastral map) located adjacent to the land owned by the Plaintiffs.

Around the 1990s, the Defendant performed road packaging works on land E.

(hereinafter “instant road”). On the other hand, G, the owner of 1131 square meters (refer to the attached cadastral map) located on the part adjacent to the land owned by the Plaintiffs, located on the part adjacent to the land owned by the Plaintiffs, is occupying approximately 50 square meters out of the E land by installing a fence and container on his/her own land.

C. Of the land owned by the Plaintiff C, the indication of the attached drawing(s) in the attached Form(b) section(s) and 31 square meters in part(c) and 10 square meters in part(c) and D’s land owned by the Plaintiff is used as the instant road site occupied and managed by the Defendant.

[Reasons for Recognition] Unsatisfy, Gap 1 through 17 evidence, Eul 1, 2, 5, 7 through 9 evidence, the result of the survey and appraisal by the Korea Cadastral Corporation

2. Determination as to removal of roads and request for delivery of land

A. Unless there are special circumstances, the defendant is obligated to remove roads installed on the part of the land owned by the plaintiffs as the site of this case among the land owned by the plaintiffs and deliver the land corresponding to that site.

B. The defendant asserts that the land owned by the plaintiffs, which is used as the site of the road of this case, was provided by H, the owner of the land before the partition, for the passage of neighboring residents, and the right to use and benefit from the land was waived.

In general, if a private land is naturally occurring or is assigned as a prospective road site and is actually used as a road for public traffic, the owner of the land shall provide it as a road by himself/herself.

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