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(영문) 서울고등법원 2020.08.13 2020나2002371
토지사용료 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph 2.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is identical to the ground of the judgment of the court of first instance, except to dismiss or add part of the grounds of the judgment of the court of first instance as follows. Thus, it

【The part of the judgment of the court of first instance to be removed or added” Nos. 2 and 6 as follows: “The part of the land No. 1” in the judgment of the court of first instance to be “the part of the court of first instance to be “the land No. 1,” and the land No. 5 through No. 12 out of the grounds of the judgment of the court of first instance to be partitioned into the remaining part at the time of construction of the road. The land of this case to be provided as a road in the process of dividing the land for the development of the housing site by Sil I. The land remaining after the division of the housing site is in the form including the left side of the land of this case and AH and AF. The Defendant’s civil petition for grievance to be the person in charge of the construction of the road of this case to be established at the time of construction of the road to be “the land of this case,” and the land of this case to be expropriated by the Seongdong-gu Seoul Special Metropolitan City, which is obviously formed by the project implementation plan of urban planning facilities (No. 16.

Therefore, as the network I, the original owner of each land of this case, created Seongdong-gu Seoul Metropolitan Government J land as a housing site before division, renounced the exclusive and exclusive rights to use and benefit from each land of this case, and offered each land of this case as the passage of residents, the plaintiffs who acquired the land thereafter cannot exercise the exclusive and exclusive rights to use and benefit from each land of this case.

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