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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
Reasons
1. The following facts are either in dispute between the parties or in accordance with Gap evidence 1-1-3, Gap evidence 2-1-3, Eul evidence 3, 5-10, respectively, and the whole purport of the pleadings.
On April 30, 1998, the Plaintiff completed each registration of transfer of ownership in the name of the Plaintiff, with respect to the area of 646 square meters of forests and fields B, C 431 square meters of forests and fields, and D 797 square meters of forests and fields.
(hereinafter referred to as "each of the above lands shall be specified as parcel numbers, and when all of them are referred to as "each of the above lands" (hereinafter referred to as "each of the above lands"). (b)
The entire or part of each of the instant lands was used as a road passage for the general public from around March 2009. However, around March 201, the Defendant requested the Plaintiff to prepare and change a written consent on the package of the road to upgrade the current road. Accordingly, around March 201, the Plaintiff issued and delivered a written consent on land use that the Defendant consents to the part of the area to be actually incorporated into the road among the instant lands.
C. On May 4, 2011, the Defendant: (a) part of each of the instant land used as a road in fact; (b) 358 square meters among the forest land B; (c) 253 square meters among C forest land; and (d) 546 square meters among the forest land in this case; and (c) “the part of each of the instant land used as a road” refers to “the instant road part”
D) On December 5, 2012, the Defendant rendered a decision on an urban management plan under the provisions of Article 30 of the National Land Planning and Utilization Act with respect to G with a balance of revenues and expenses, and announced it to H as a public notice of acceptance. Of each of the instant lands, the size of B forest land and 567 square meters and 755 square meters of D forest and land were respectively incorporated into a road site according to the determination of the said urban management plan.
E. To adjust the area on the registry and the area of each land of this case and the area included in the urban planning facility or the area executed by the road packing work: