(영문) 대구지방법원 경주지원 2021.03.31 2019가단12155

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 경주지원 2021.03.31 2019가단12155

점용권 준공유 확인청구

Text

1. The right to occupy and use a river site and the above ditch of 1,131 square meters among 20,752 square meters of H ditch at racing-si, which is located in 1,131 square meters of a river site, shall be 20.

Reasons

1. The permitted period of 1,131 square meters prior to the permitted period of 1,131 square meters for the permitted year of 20.1.1 to 1, 1992.1,00 from October 31, 1997 to October 31, 2002 from October 31, 2002 to October 31, 2002, the permitted period of 20.31.1 to October 31, 201.207.1 to October 31, 201, 207.201.1 to 20.31.201.1 to 20.201.20 to 31.1.20 to 1.31.1, 207.20 to 3.1.1, 201.20 to 1.21.1, 201.20 to 3.1, 2019 to 1.31.29.2

A. The deceased K (hereinafter “the Deceased”) obtained each occupation and use permit on each part of H 20,752 square meters of a State’s H ditch at the time of the U.S. (hereinafter “the deceased”). B. The Deceased died on March 8, 2018, and his spouse N, children, Plaintiffs, and deceased D jointly inherited the property.

(c)

After the deceased's death, the deceased reported the transfer of rights and obligations to the right to occupy and use the instant water surface (or the upper part), and on April 4, 2018, the Gyeong-si notified the deceased D of the receipt of the report on the succession of the rights and obligations to occupy and use the public water surface as follows, and issued the "license for occupancy and use of the public water surface" to the deceased during the period from April 4, 2018 to December 31, 202.

The purpose of occupation and use was “site” at the time of the occupation and use permission for the deceased at around H 3,558 by the successor to the person who succeeded to the location area (land) for the purpose of occupation and use, and the circumstance in which the purpose of occupation and use has been changed to “culture” is not verified in the record.

According to the evidence No. 1-1 of the deceased’s DO No. 1-2, the “a permit to occupy and use a river” issued to the deceased on October 2012, 2012 is also indicated as “a permit to occupy and use a river: O: 1,131 square meters in the racing market.”

However, as seen above, the river site occupation permit card managed by the racing market is "1.H.

유사 판례

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-서울중앙지방법원 2017.01.20 2015나61414

-부산지방법원 2020.10.16 2020구합20416