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(영문) 광주지방법원 2016.12.09 2015나12174
용수로 등 철거 및 토지인도
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Since January 11, 2003, the 58,354 square meters in the Danan-gun, Jeonnam-gun (hereinafter “former C salt farm”) shared with D and its wife E. However, on September 30, 2008, part of the ownership was transferred to the Defendant, and the Defendant and D shared 1/2 shares, respectively. After which, following the process of land division, partition, partition of co-owned property, sale, etc., the Plaintiff owned the 29,177 square meters in the Dan-gun-gun (hereinafter “new C salt farm”), and the 29,177 square meters in the F salt farm (hereinafter “F salt farm”) were owned by the Defendant respectively, and the above content of alteration of rights is summarized as follows.

CD E E DDD DB C F B D A

나. 신 C 염전에는 별지 도면 표시 ㄷ,ㄹ,ㅁ,ㅋ,ㄷ의 각 점을 차례로 연결한 선내 ㈐ 부분 328㎡에 그 북쪽의 공로(이하 ‘이 사건 공로’라 한다)로 통하는 도로(이하 ‘이 사건 도로’라 한다)가 설치되어 있고, 피고는 F 염전에 출입하는 데 이 사건 도로를 이용하고 있다.

C. However, examining the F salt farm and the surrounding area of the new C salt farm, the new C salt farm is in contact with the left-hand side of the F salt farm, and a total of four salt farms are in contact with the left-hand side of the new C salt farm.

In addition, the above 6 salt farms have contributed to the north of this case, and the south andwest side of the above salt farms are connected to each other. The above passages begin with the F salt farm and run below the new C salt farm and go through the north of the most left part of the salt farm after the lapse of all the remaining four salt farms, and are connected to the service of this case.

(hereinafter referred to as “instant bypassing road”). [Ground of recognition] The following facts are without dispute, Gap’s entries and videos (including serial numbers; hereinafter the same shall apply), Eul’s written evidence Nos. 1, 2, 10, 11, 12, and 17, Eul’s written evidence No. 15, the result of the commission of appraisal to the Korea Land Information Corporation by the court of first instance for appraisal, the purport of the entire pleadings, as a whole.

2. The parties' assertion

A. The plaintiff, at will, part of the F salt farm.

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