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(영문) 대구지방법원 2018.05.03 2017나303777
사용료
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The “Ggu Dong-gu, Daegu-gu, E-gu, 987 square meters” divided into “Seoul-gu, Daegu-gu, Dong-gu, 223 square meters.” On July 26, 1937, the land category was changed to a ditch. Around 2010, the land category was again subdivided into “Seoul-gu, Daegu-gu, Dong-gu, C, 221 square meters, D-gu, 38 square meters, 12 square meters, and F-gu, Daegu-gu, 266 square meters (hereinafter “instant land”).

B. On January 10, 2013, the Plaintiff completed the registration of ownership transfer on the instant land based on sale on October 29, 2012.

C. In around 1970, the Defendant, while incorporating the instant land into a G access road, occupied and used the said land as the site of the said road. Around February 2001, the construction work of the HH Highway was commenced on the instant land and then used it as the site of the said expressway (hereinafter “instant expressway”).

A coast repair cooperative, a telegraph of the co-Defendant Korea Rural Community Corporation in the first instance trial (hereinafter referred to as the "Korea Rural Community Corporation"), around 1937, started to occupy the land of this case, including the land of this case, while conducting a land improvement project to supply agricultural water in the steel field, and occupied the land of this case. The Korea Rural Community Corporation, which comprehensively succeeds to the rights and obligations of the Coast Repair Association, was merged with Daegu Repair Association on December 28, 1961, and Daegu Repair Association was changed into Daegu Land Improvement Association on January 21, 1962; on January 12, 1970, each name of the Korea Rural Community Corporation was changed to Daegu Farmland Improvement Association on April 9, 1976; and the Korea Rural Infrastructure Corporation was established on January 2, 200 and changed to the name of the land of this case to the Korea Rural Community Corporation on December 29, 205; and the name of the land of this case as of January 29, 2005.

[Based on recognition] Unsatisfy, Gap evidence 1, 8, Eul evidence 1, Eul evidence 2-2, 3, 6, 7, and 3 include various numbers.

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