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(영문) 의정부지방법원 2019.09.26 2019나202062
시설물철거 및 토지인도, 부당이득금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, in addition to the following, the part of the "decision on the defendant's argument" of the six-dimensional 3 of the judgment of the court of first instance citing the same as the statement of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article

2. The part of the constructed road was used as the road of this case for the passage of the general public since before 2007 as the road of this case including the site of this case (hereinafter referred to as the "road of this case") and used as the road of this case for the passage of the general public. The road of this case was used as the road of this case for the passage to the village of neighboring village, and there was the explicit or implied consent of the owner of the land (village residents) who was incorporated into the road of this case at the time when the defendant puts a container into the road of this case as the present condition, and the village resident shared and shared the profit-sharing of the road of this case, each of the water supply pipes and sewerage pipes of this case. Thus, the plaintiff's site of this case, each of the water supply pipes of this case and the road site of this case

The plaintiff's claim is in violation of the principle of trust and good faith and is an abuse of rights.

In this case, there is no evidence to acknowledge that the passage of this case was the only passage used by the residents of the neighboring village, or that there was the consent of the owners of the site incorporated into the present condition at the time that the passage of this case was packed on the passage of this case.

In addition, the circumstance alleged by the Defendant alone is difficult to deem that the Plaintiff renounced exclusive and exclusive rights to use the instant road site, etc. in light of the developments leading up to the Plaintiff owned the instant road site, etc., the retention period, the location and nature of the instant road site, etc., the relationship with neighboring land, etc.

Furthermore, in light of the above circumstances, the Plaintiff’s request for removal and delivery.

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