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(영문) 수원지방법원성남지원 2015.09.08 2014가단19782
토지인도 등
Text

1. The Defendants indicated on the attached sheet No. 24, 25, 26, 27, 28, 29, 30, 156, 157 among the land of 11,64 square meters in Gwangju-si, Gwangju-si.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of D Forest land 11,664 square meters (hereinafter “instant land”) in Gwangju-si, and the Defendants shared 1/2 shares of each building, such as E, F, G, H, and I land adjacent to the said land in Gwangju-si (hereinafter “instant land”) and its ground housing and stable.

B. B. Before the Defendants purchased the instant land, part of the instant land was used as the access to the Defendant’s land. However, the Defendants, upon obtaining a building permit from the Gwangju Viewers, performed the construction of a new building in Gwangju City F among the Defendant’s land, extended to approximately four meters wide, by cutting and raising part of the instant land in early 2014, and expanded the existing road into or outside the scope of four meters, and the mentor concrete packaging work was performed on the said newly installed road.

As a result, among the land of this case, the land of this case is included in the new road installed by the Defendants in order to connect each point of the attached Table 24, 25, 26, 27, 28, 29, 30, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, and 24.

C. As of the date of the closing of argument in the instant case, the Defendants used the instant road as access roads to the Defendants’ building.

[Ground of recognition] A without dispute, entry and video of Gap evidence Nos. 1-5, 8-14 (including each number; hereinafter the same shall apply), the result of the survey and appraisal conducted by the appraiser J, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of recognition under paragraph (1) above, the Defendants are obligated to remove the mentmen concrete packaging installed in the above part of the road and deliver the land of this case to the Plaintiff, barring special circumstances, since they occupy the land of this case owned by the Plaintiff.

B. As to this, the Defendants are the only passage of neighboring residents and the passage to the general public. Thus, the Plaintiff is exclusively and exclusively responsible for this.

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