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(영문) 창원지방법원통영지원 2016.08.23 2015가단7892
토지인도 등
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The Plaintiffs purchased the instant real estate and its ground buildings from D on June 30, 2015, and completed the registration of ownership transfer on August 24, 2015.

On the other hand, since E obtained authorization for completion of reclamation of public waters from the competent authority on October 19, 1972, and acquired ownership of FJ large 1,166 square meters (hereinafter the same real estate is indicated only as the lot number for the same real estate) on October 19, 197, the real estate in this case was combined with C large 61 square meters and G large 105 square meters on December 15, 200 through several divisions.

Of the instant real estate, (1) The part of the instant dispute is in contact with the I part among H 15,362 square meters (hereinafter “Apon road”) owned by the Republic of Korea, and is installed on the ground; (2) Apon packing is installed on the ground; and (2) The part of the instant dispute is in contact with the J 78 square meters of the road owned by the Defendant (hereinafter “Bponing road”) and (1) A sidewalk is installed on the ground that is in contact with the adjoining road, and is used as India.

【Ground of recognition” or does not clearly dispute, evidence Nos. 1 through 5, Eul 1 through 8, and the plaintiffs' assertion of the purport of the whole pleadings by the parties concerned, without any compensation, the defendant occupies the dispute part of the instant real estate owned by the plaintiffs by installing a asphalt package, sewage apparatus, sidewalk block, etc., so the above installation is removed and the part of the instant dispute shall be transferred to the plaintiff.

The Defendant asserted that the Plaintiffs renounced the exclusive right to use and benefit from the dispute part of the instant case.

In accordance with Article 14(1) of the former Public Waters Reclamation Act (Act No. 1821, Aug. 3, 1966) and the Enforcement Decree of the same Act (Presidential Decree No. 4836, Apr. 2, 1970), the Republic of Korea or the defendant acquired the ownership of the dispute part of this case at the time of the completion approval.

Since the defendant occupied the dispute part of this case in a peaceful manner with the intention of ownership for at least 40 years, the prescriptive acquisition has been completed.

Judgment

(1) Part of the dispute.

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