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(영문) 전주지방법원 2018.04.03 2015가단30512
토지반환
Text

1. Defendant Haju-gun indicated in the attached Form 1 through 41 and 1 among the land size of 59603 square meters in Kanju-gun, Jeollabuk-do, Jeollabuk-do.

Reasons

1. Facts of recognition;

A. On January 9, 2012, the Plaintiff completed the registration of transfer of ownership with respect to the land of 59603 square meters (hereinafter “Plaintiff’s land”) in K forest 59603 square meters in Jeollabuk-gun, Jeollabuk-do (hereinafter “L”).

B. M river 151207 square meters adjacent to the Plaintiff’s land (hereinafter “instant river”) is owned by the Republic of Korea. The instant river is publicly announced as a small river and is maintained and managed by Defendant Haju-gun pursuant to the Ordinance on the Delegation of Administrative Affairs of Jeollabuk-do.

C. The Plaintiff’s land adjacent to the Plaintiff is owned by Defendant E with the volume of 846 square meters prior to N, 2916 square meters prior toO, and 4542 square meters prior to P., Qingle 1716 square meters, and Qingle 1716 square meters are owned by Defendant G. The Plaintiff’s land for R farm is owned by Defendant G, and the 1167 square meters prior to S is owned by Defendant H, and the ownership of 3137 square meters prior to T.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Eul evidence 4 (including additional number), U witness's testimony, the purport of whole pleadings

2. Determination as to the claim against the defendant Full-Time Armed Forces

A. The plaintiff's assertion 1) The river of this case, which is managed by the defendant Jeonju-gun, is affected by the part on the part on the part on the part on which the plaintiff's land was connected in order to each point of No. 1 to No. 41, and No. 2423 square meters, among the plaintiff's land, and the defendant Jeonju-gun shall deliver the part on the land that was affected by the plaintiff to the plaintiff. The plaintiff asserted against the defendant Jeonju-gun, but the above argument is irrelevant to the purport of the claim of this case against the defendant Jeonju-gun, so it is not judged separately. 2) Since the river of this case is owned by the Republic of Korea, since the main purport of the defendant Jeonju-gun's assertion is the river of this case, the defendant Jeonju-gun is not a party's qualification, and thus

B. The Plaintiff’s judgment as to the main defense of this case’s main defense is based on the premise that Defendant Yju-gun managed the river of this case and possessed it, and thus, Defendant Yju-gun sought delivery of the part that affected the Plaintiff’s land.

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