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(영문) 대전지방법원 2017.07.19 2015가단40217
지료 등
Text

1. The defendant shall be the plaintiff.

(a) KRW 2,786,265 as well as 5% per annum from March 22, 2017 to July 19, 2017;

Reasons

1. Basic facts

A. On June 2, 1990, the Plaintiff is the owner of each of the above land who completed the registration of ownership transfer on the ground of inheritance by consultation and division on December 21, 1981 with respect to the land of 876 square meters prior to Sejong Special Self-Governing City and the above D forest of 25,983 square meters (hereinafter “Plaintiff’s land”).

B. On December 22, 2001, the Defendant completed the registration of ownership transfer with respect to the above E Forest No. 24,235 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).

C. The Defendant initially used a route created naturally on the state-owned land located outside thewest of the Plaintiff’s land as a way to enter a public road on the Defendant’s land. However, since 2007 when the Defendant’s land needs to use part of the Plaintiff’s land as a way of passage with the Plaintiff’s consent. From 2007, around 2010, the Defendant began to use the part of the Plaintiff’s land as a way of passage with the Plaintiff’s consent. Around 2010, the Defendant extended the width of the passage already used and used as a way to use the existing road, but paid the Plaintiff a fee of KRW 60,000 per annum.

On February 6, 2013, the Plaintiff and the Defendant: (a) specified the part of the passage route used by the Defendant among the Plaintiff’s land as “175m in length, 3m in width, 159m in size”; and (b) entered into a sales contract with the purchase price of KRW 47,700,000 in size; (c) however, the contract was not entered into without the registration of ownership transfer.

E. From March 15, 2013 to June 14, 2013, the Mayor of Sejong Special Self-Governing City (hereinafter “competent authorities”) performed a construction project for the part of the Plaintiff’s land used by the Defendant as a part of “F project”, which is a resident support project under Article 16 of the Act on Special Measures for Designation and Management of Development Restriction Zones and Article 27 of the Enforcement Decree of the same Act.

F. On the road along which the above packing work was conducted, a map consisting of 41, 42, 43, 52, 51, 48, 25, 26, and 2741 of the Plaintiff’s land, which connects each point of the annexed drawing Nos. 41, 42, 43, 52, 51, 48, 25

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