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(영문) 수원지방법원 2016.06.15 2015가단125186
토지인도
Text

1. The defendant's point is as follows: 1, 2, 15, 14, 13, 12, 12, and 1 of the annexed drawings among the land size B of the wife population B to the plaintiff as allowed.

Reasons

1. Evidence A through A4, the result of an appraisal commission to the Korea Land Information System of this court, and the purport of whole pleadings;

A. C acquired ownership of the land of this case on March 29, 1972 on the same day as the gift on December 12, 1998.

B. Of the instant land, the information contained in the package package on a part of 13 square meters in part (b) in the ship (hereinafter “the part on the instant ship”) connected with each point of the attached drawings in sequence 1, 2, 15, 14, 13, 12, and 1, among the instant land.

2. The allegations by the parties and the judgment of this court

A. (1) Party’s assertion (A) The part of the instant case is occupied and used by the Defendant, claiming the Plaintiff, by installing a package work and a sewerage on the part of the instant vessel.

(B) The Defendant merely supported the packaging work at the request of residents in order to prevent traffic congestion and safety accidents on the road naturally occurring, and the Defendant is not an occupant of the part on the ship of this case, since the Defendant does not manage or occupy the road.

(2) In full view of the results of the fact-finding conducted by Gap 4, Gap 5, Gap 6, Gap 7, and Eul 1, and the head of the Shi-si Office of Water and Wastewater Works, the entire purport of the arguments is as follows: (a) the area in the instant case is used as part of the Shi-si Road D (hereinafter "the instant road"); (b) the household passing through the instant road was sent to the above 4th degree; (c) the land owner EF, which is located between the instant land and the road, was a fence leading to the instant road; and (d) the instant road was invaded on the part inside the instant road; (e) the Defendant was sealed on the instant part inside the instant road; and (e) the village head and the residents laid the A-Myeon office and the head of G-si jurisdiction around November 2014.

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