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1. The defendant,
A. On the ground of the land stated in paragraph 1 of the attached Table 1 attached to the Plaintiff-limited company.
Reasons
1. Determination as to land transfer and request for removal of ground
A. 1) The Plaintiff Company completed the registration of ownership transfer as to the land on October 18, 2007, and the Plaintiff Company completed each registration of ownership transfer as to the land on May 8, 2008.
B) Around July 2007, the Defendant opened a road on the land No. 1 and the land No. 2, and has been occupied and used until now. [Grounds for recognition] The fact that there is no dispute, Gap evidence No. 1 and evidence No. 2 (including each number; hereinafter the same shall apply)
(2) According to the above facts, the defendant has a duty to remove the above land and deliver the above land to the plaintiff company by removing the above land surface, such as a ice container installed on the ground of the plaintiff company's land, and the plaintiff is obligated to remove the above land on the ground of the second land and deliver the above land to the plaintiff. The plaintiff is obligated to remove the ground of the ice container installed on the ground of the second land and deliver the above land to the plaintiff.
B. 1) The summary of the Defendant’s defense 1) was used as a bank from around 1987 to the time when the Plaintiff Company acquired it, and it was offered to the public for the passage of the land as part of the land. The second land is currently used as a road for entering the national highway to the neighboring village, and it is difficult to use it in reality in terms of the form and location of the land even if the Plaintiff restores its possession. Therefore, the Plaintiffs’ claim in this case resulted in an excessive damage to the Defendant, rather than the benefits the Plaintiffs gain, and thus, it shall not be allowed as it constitutes an abuse of rights. 2) If it is intended to determine that the exercise of rights constitutes an abuse of rights, the objective of the exercise of rights should be to cause damage to the other party, and the exercise of rights should be objectively in violation of social order.