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(영문) 대전지방법원 서산지원 2018.11.13 2018가단51176
토지인도
Text

1. Of each land listed in the separate sheet Nos. 26-32, 43-50, 18, and 26, the Defendant shall provide each of the plaintiffs with the attached sheet No. 26-32, 43-50

Reasons

A. As to the part of the instant land used as a road from the previous point of view, the amount equivalent to the rent of the road on the present condition, and the rent of the previous or present forest shall be calculated by calculating the amount equivalent to the rent of the previous or forest as the forest, respectively:

(Ground: Results of appraiser E’s appraisal; ① The amount equivalent to the rent from March 2, 2013 to March 1, 2018: 2,136,140 won (205,220 won or forest part 1,930,920 won or forest part 1,920 won on the road) ② Annual rent from March 2, 2018: 458,802 won (43,962 won or forest part 414,840 won on the road or forest part 43,962 won) from March 2, 2013 to March 1, 2018, the Defendant is obligated to pay the Plaintiffs the amount equivalent to the rent from March 2, 2013 to March 1, 2018 at the rate of 1,068,070 won (2,136,130,920 won) from March 2, 2018 to March 1, 20181.

2. The defendant's assertion argues that the defendant had already been using each of the lands of this case as customary roads prior to the purchase of C and D, and that C and D granted the right to free access to each of the lands of this case to the public in the high seas as a road, thereby giving up the exclusive and exclusive right to use and benefit from the land. Therefore, the defendant cannot comply with the plaintiffs' claim.

However, it is not sufficient to recognize that C/D has renounced the exclusive and exclusive right to use and benefit from the land only with the images of the evidence Nos. 1 and 2, and there is no other evidence to acknowledge it.

The defendant's above assertion is not accepted.

3. In conclusion, it is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiffs' claims are reasonable.

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