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(영문) 대구지방법원 2020.07.15 2019나301485
토지인도
Text

1. The plaintiff's claim that was changed in this court is dismissed.

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

purport.

Reasons

1. Basic facts

A. On March 26, 2008, the Plaintiff completed the registration of ownership transfer on January 21, 1978, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500) with respect to the 765 square meters (hereinafter “instant site”), which was owned by the deceased B.

B. Since December 198, D owned from around 1998, 367 square meters, F.M. 1,660 square meters, G field 2,542 square meters, and 509 square meters prior to H. (hereinafter referred to as “the instant farmland”) around the instant land, and owned farmland in the instant farmland.

C. The access road 4 meters wide indicated as “spond farmers” as the annexed drawing (hereinafter “instant access road”) is the only passage to move from the farmland of this case to North Korea. A concrete packing was made regarding the access road of this case through I projects (the method that the Defendant supplies concrete materials and directly executes construction works by the residents) around 2006. D has used the access road of this case to bring farming houses from the farmland of this case.

Of the passage roads in this case, the part (b) of 74 square meters in the ship (hereinafter “instant land”) and the part (b) of 74 square meters in order to connect each point of 7, 8, 9, 10, 12, 13, 14, 15, and 7 of the attached drawing Nos. 1 among the passage roads in this case belong to the instant land.

E. From March 2016, the Plaintiff started to newly construct a 97.46 square meters of light-scale steel structure detached housing (hereinafter “instant housing”) on the instant site from March 2, 2016, and completed the instant housing around August 22, 2016.

F. On May 2, 2016 and May 19, 2016, the Plaintiff notified D that “The instant passage will be closed as of May 31, 2016 on the basis of the ownership of the instant site.”

G. On March 2017, the Plaintiff installed iron, steel, and steel columns in sequence with each point listed in Appendix 12, 13, 14, 15, and 7 (attached Form 4 as indicated in Map 12, 11, 10, 8, 9, 7, and 6) and connects each point listed in Map 1, 11.

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