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(영문) 전주지방법원 2019.05.24 2018나3222
토지반환
Text

1. The part of the judgment of the court of first instance against Defendant Full-Time shall be revoked.

2. The plaintiff falling under the above part of the revocation.

Reasons

1. Facts of recognition;

A. On January 9, 2012, the Plaintiff completed the registration of transfer of ownership with respect to the land of 59603 square meters (hereinafter “Plaintiff’s land”) in K forest 59603 square meters in Jeollabuk-gun, Jeollabuk-do (hereinafter “L”).

B. M river No. 151207 square meters adjacent to the Plaintiff’s land (hereinafter “instant river site”) is part of V and owned by the Republic of Korea. The instant river site is publicly announced as a small river and is maintained and managed by Defendant Haju-gun pursuant to the Ordinance on the Delegation of Affairs of Jeollabuk-do.

C. The Plaintiff’s land adjacent to the Plaintiff is owned by Defendant E with the volume of 846 square meters prior to N, 2916 square meters prior toO, and 4542 square meters prior to P., Qingle 1716 square meters, and Qingle 1716 square meters are owned by Defendant G. The Plaintiff’s land for R farm is owned by Defendant G, and the 1167 square meters prior to S is owned by Defendant H, and the ownership of 3137 square meters prior to T.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, Gap's evidence 3, Eul's evidence 4 (including additional number), U's partial testimony, and the purport of whole pleadings

2. The parties' assertion

A. Plaintiff 1) Since the instant river site managed by Defendant Yju-gun is in violation of the part of the Plaintiff’s land, which connected each point of No. 1, No. 1, No. 41, and No. 1, among the Plaintiff’s land, Defendant E, G, H, I, and J shall deliver to the Plaintiff the part of the land affected by the Plaintiff. (2) Defendant E, F, G, H, I, and J, as stated in the purport of each claim against the said Defendants, are possessed without permission by planting, installing and installing trees, plastic houses, and wells, and thus, the land occupied by each of the Plaintiff’s land without permission should be handed over to the Plaintiff.

B. Defendant 1) The water flows into the instant river site through part of the Plaintiff’s land at the top of Busan Island. However, this is merely limited to natural drainage, and thus, it cannot be deemed that it invaded the Plaintiff’s land, or that the Plaintiff’s land was occupied by Defendant Haju-gun. 2) The ownership of the Plaintiff’s land included in the drainage route is due to fall.

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