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(영문) 대구지방법원 2019.09.18 2018나322652
도로원상회복등
Text

1. Of the judgment of the court of first instance, the part concerning the Appointed, Q, and R's lawsuit, and the defendant in the plaintiff (appointed party) and P.

Reasons

1. Facts of recognition;

A. Defendant B is the owner of the Daegu Dong-gu C land (hereinafter “Defendant’s land”). The Plaintiff is the owner of I, the neighboring land of the Defendant’s land, and P is the owner of D.

The SelectionO is the spouse of H’s owner S, and R is the spouse of E’s owner.

The Appointed Q is the U’s child who is the owner of F, but according to the evidence A17-7, U is not the owner of the above land.

B. Of the Defendant’s land, the part (i) of the attached Table 11, 12, 13, 14, 15, 16, 38, 37, 36, 35, and 11 attached hereto connected each point in order to the Defendant’s land and 1,2,3,4, 5, 6, 7, 34, 33, 32, 31, 30, 29, 28, 27, 26, and 11 attached Table 11, 12, 14, 15, 16, 37, 37, 36, 35, and 11 attached Table 1, 68 square meters and part (ii) connected each point in the Defendant’s land (hereinafter “instant passage”) was provided to the Plaintiffs’ passage for the purpose of cultivating agricultural crops by March 25, 196.

C. On March 2009, K, the husband of Defendant B, filed a civil petition against Defendant Daegu Metropolitan City Dong-gu, Seoul Metropolitan City to the effect that “The ownership of the private land (Defendant’s land) is restricted due to the instant traffic, so that it would cause appropriate compensation regardless of the removal of the instant traffic route,” and filed a civil petition against the Anti-Corruption and Civil Rights Commission with the same content.

Accordingly, under the arbitration of the Anti-Corruption and Civil Rights Commission on March 26, 2010, K and Defendant Daegu Metropolitan City Dong-gu agreed that “the passage of this case shall be restored to its original state, the construction shall be promoted as a substitute between the Defendant’s land and Daegu Dong-gu L, and K shall actively cooperate with it.”

E. On October 6, 2016, Defendant Daegu Metropolitan City, Daegu-gu, opened a new road between the Defendant’s land and Daegu Dong-gu L and M as a substitute for the instant passage, and completed the completion inspection on December 27, 2016, and started the construction of removing the instant passage around that time.

F. On March 30, 2017, the Plaintiff, Professor, and P shall pass along the instant traffic.

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