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(영문) 대전지방법원 논산지원 2018.11.15 2017가단2772
토지인도 등
Text

1. The defendant shall remove the road installed on the following land to the plaintiff:

(a) 400 square meters prior to Chungcheongnam-gun, Chungcheongnam-gun;

Reasons

Facts of recognition

The Plaintiff owns 1/2 shares of each of the 400 square meters (hereinafter referred to as "land 1") and 172 square meters (hereinafter referred to as "land 2") before D, Chungcheongnam-gun, Chungcheongnam-do.

The remainder of 1/2 shares of land shall be owned by E.

The defendant owns 2,482 square meters prior to F.

On December 27, 2013, the Defendant filed a lawsuit against the Plaintiff and E for confirmation of the right to passage over surrounding land. On October 16, 2014, the Defendant confirmed from this court that from the Defendant, the Defendant had the right to passage over surrounding land over the area of 42 square meters in the sequence of attached Table 1 through 12, and that the Plaintiff and E shall not interfere with the Defendant’s passage over the area of 42 square meters in the ship connecting each point of (i) the attached Table 2 appraisal of land among the land 1 to the Defendant.

[Plaintiff-E’s appeal was dismissed on June 9, 2015 [Attachment District Court Decision 2014Na17037, 2014Na17044 (Counterclaim)] and the case was finalized on October 15, 2015.

[Dissenting Opinion 2015Da41862 (main office), 2015Da41879 (Counterclaim) (hereinafter “prior action”). After that, the Defendant exceeds 42m2, which is the scope recognized in the judgment prior to the previous lawsuit, and is subject to disposition No. 1.

paragraphs 1 and 2.

The part of the port of this case (hereinafter referred to as "each of the roads of this case") was constructed.

【In light of the fact that there is no dispute, Gap's evidence 1 through 11, Eul's evidence 1 through 10 (including each number, if there is a serial number), the result of the measurement and appraisal on the head of the Korea Land Information Corporation's branch granted by the National Land Information Corporation, and the fact of the above recognition as to the claim for removal of the entire pleadings, the defendant opened each of the roads of this case beyond the scope of the surrounding land traffic rights and obstructed the plaintiff's exercise of ownership.

Therefore, the defendant, who is the disposal authority over packages installed on each of the roads of this case, shall restore the land owner to its original state.

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