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(영문) 수원지방법원평택지원 2016.11.04 2015가단46848
구조물 철거 및 토지인도 등
Text

1. The defendant shall be the plaintiff.

A. Of the 43,738§³ in Ansan-si, and the 65, 64, 63, 33, 67, and 65 of the Appendix 1 Map.

Reasons

1. Basic facts

A. On December 29, 197, the Plaintiff completed the registration of ownership transfer on the ground of “sale on December 13, 1977,” with respect to B forest No. 43,738 square meters (hereinafter “the instant forest”).

B. In order to expand the C road adjacent to the instant forest on May 1973, the Defendant shall indicate the following: (a) part (a) of 37 square meters in sequence among the instant forest, which connects each point of 65, 64, 63, 33, 67, and 65 attached Table 1 (hereinafter “part (a) of 37 square meters in the instant forest”); (b) 39, 40, 41, 42, 43, 44, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 60, 62, 63, 64, 665, 67, 674, 679, 779, 775 square meters in the instant forest on board; (c) 67,74444 square meters in each of the instant forest on board.

) On each ground, a road was built by installing a sidewalk block and asphalt structure. Of the forest land in the instant case, each structure listed in the separate sheet No. 3 was installed on each forest land indicated in the separate sheet No. 2, and the said road and structure has been maintained up to now. [Grounds for Recognition] There is no dispute between the parties, and Gap evidence No. 1 through No. 7 (including each number, hereinafter the same shall apply)

each entry, the result of this court's request for surveying and appraisal, the purport of the whole pleadings

2. Determination

A. According to the fact that the part concerning the cause of the claim for removal and delivery is recognized, the Defendant, barring any special circumstance, removed the part of (a) in the instant vessel, (b) part 37 square meters, (c) part 915 square meters, (c) part 213 square meters, and part 213 square meters, respectively, and delivers part 37 square meters in the instant vessel, (a) part 37 square meters, (b) part 915 square meters, and (c) part 213 square meters in the instant vessel, and removes each structure listed in attached Table 3 installed on each land indicated in attached Table 2 among the instant forest and fields, and has the obligation to deliver each forest and field indicated in the said drawings. (2)

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