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(영문) 대전지방법원서산지원 2014.02.20 2013가합3070
토지인도
Text

1. The Defendant indicated on the attached sheet No. 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, among the land size of 800 square meters on the D road per Jin-si.

Reasons

1. Basic facts

A. On May 20, 2005, the Defendant purchased 800 square meters of D forest land (hereinafter “instant road”) in Jin-si, Jin-si (hereinafter “instant road”) and changed the land category into a road on September 25, 2006.

B. On April 7, 2009, the Plaintiffs purchased 2669 square meters of E forest and field (269 square meters of E forest and forest, 745 square meters of F forest and forest, 464 square meters of G forest and forest, and 715 square meters of H forest and forest, which are adjoining to the instant road, and newly built the instant site on October 24, 2012 (hereinafter “instant site”) of a reinforced concrete structure (framed)-type neighborhood living facilities, 277.64 square meters of general restaurants, 277.64 square meters of 277.64 square meters of 2nd office and 277.64 square meters of 2nd office in the instant site (hereinafter “instant commercial building”).

The Plaintiffs, while constructing the said commercial building on May 9, 2012, set up a substitute road of 464m wide (referring to the portion indicated as a substitute road on the following forest) with a width of 4m wide on G-si forest land adjacent to the instant road on May 9, 2012, and changed the land category to a road.

C. The instant road is the land surrounding the north east and north east of the instant site, and is linked to the 633 lines of the Do road located on the east of the instant site (hereinafter “instant local road”).

The current status of the forest is as follows:

Alternative roads were used by neighboring village residents (the center of the site of this case was formed at the end of the southwest end of the site of this case through the road of this case, and the width was about 4 meters). At the time of construction of the commercial building of this case, the plaintiffs established the commercial building of this case in lieu of the existing customary roads used by neighboring village residents. At the time of the construction of the commercial building of this case, at the time, the plaintiffs planned to use the commercial road of this case while proceeding with the above local road and scheduled to construct the commercial building of this case, and the users of the commercial building of this case also planned to enter the commercial building of this case by driving the road of this case.

E. The defendant from April 2010 to prevent the plaintiff from using the road of this case.

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