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(영문) 수원지방법원 2017.03.08 2015구합2315
원상복구조치명령취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On October 8, 1974, the Plaintiff’s mother-friendly B completed the registration of ownership transfer or registration of ownership transfer in his/her name with respect to the land of 159 square meters in the Gyeonggi-gun, Gyeonggi-do, D, 818 square meters in size, E, 52 square meters in size, and F, 131 square meters in total (hereinafter collectively referred to as “instant land before the instant land substitution”).

On August 21, 1996, the land prior to the instant replotting was disposed of as 2,449.9 square meters (hereinafter “instant substitute land”) through an improvement project, such as the agricultural foundation, etc., Gyeonggi-gun G-gun, Gyeonggi-do. The network B completed the registration of transfer of ownership on the land prior to the instant substitute land, which was donated to the Plaintiff on October 21, 1997.

Meanwhile, from around 200 to around 390.7 square meters (hereinafter “H land of this case”), the Plaintiff issued an advance notice of imposition of indemnities and an order to take corrective measures (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff is using the instant land without permission,” on June 29, 2015, on the ground that the Plaintiff’s prior notice of imposition of indemnities and the order to restore the land to its original state (hereinafter “instant disposition”).

【In the absence of dispute, the Plaintiff occupied and used the instant substitute land and the instant land since around 1996, since around 200, the Plaintiff, who received the donation of the said substitute land, occupied and used dry field farming houses in the instant substitute land and the instant land. The Plaintiff occupied and used dry field farming houses in the instant substitute land and the instant substitute land.

As the Plaintiff occupied the instant land as its owner’s intent for 20 years in a peaceful and public performance, it was as from January 1, 2015, the Plaintiff as to the instant land.

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