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(영문) 창원지방법원진주지원 2016.09.02 2016가단4767
토지인도 등
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Division of land and land category change 1) The Plaintiff’s father-, the father of the Plaintiff’s deceased on June 6, 201 (hereinafter “the deceased”).

) On June 19, 1980, Jinju-si, one of which is one’s own possession, F.W. 964.2 square meters (hereinafter “site prior to partition”).

(2) On June 30, 1980, the deceased changed the category of land to use the road of this case as a private building site in the course of dividing the site before subdivision into the road of this case.

B. (1) Defendant B completed the registration of transfer of ownership on the housing of 159.5 square meters in Jinju-si, Jinju-si and its ground as the Jinju-si Branch of Changwon District Court on June 15, 200. (2) Defendant C completed the registration of transfer of ownership on the housing of 159.5 square meters in Jinju-si and above ground as the Jinju-si Branch of Changwon District Court on January 18, 2007.

C. The current status of the road of this case must pass through the road of this case to enter a public road with the Defendants’ real property, and its current status is identical to the “cadastral map” indicated in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1 to 5, 4-1, 2, 5, Eul evidence 1 to 4, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserted that the instant road was inherited solely from the deceased, who is the owner on the registry of the instant road. The Defendants occupied the instant road without a legitimate title by having access to the Defendants’ real estate through the instant road.

Therefore, the Defendants delivered the instant road to the Plaintiff, barring special circumstances, and the Defendants obtained profit equivalent to the rent by occupying the instant road, and incurred loss equivalent to the amount of the said rent to the Plaintiff.

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