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(영문) 전주지방법원 정읍지원 2017.02.16 2016가단10122
토지인도
Text

1. The defendant

(a) Of the lands listed in paragraph 1 of the attached list, the Attached Form Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 1 shall apply.

Reasons

1. Determination as to the claim for extradition

A. Comprehensively taking account of the overall purport of the evidence presented by the Plaintiff’s argument as to the cause of the claim, it is recognized that the Defendant, from February 1, 2011 to February 1, 201, sealed the land (hereinafter collectively referred to as “instant land”) listed in the separate sheet, which is owned by the Plaintiff, into the road and used for the general public’s traffic.

According to the above facts of recognition, the defendant is obligated to deliver the road of this case to the plaintiff, except in extenuating circumstances.

B. The defendant's defense 1) The plaintiff renounced his exclusive right to use and benefit from the road of this case in around 1989 (hereinafter "paragraph (1)").

A) The Defendant occupied each of the lands listed in the separate sheet Nos. 1 and 3 for at least 20 years and the prescriptive acquisition has been completed (hereinafter “paragraph 2”).

(2) In the event that a private land is naturally and actually used as a road site as a public road due to its nature or as a planned road site, the owner of the land provided the land as a road and provided it to the neighboring residents or the general public with the exclusive and exclusive right to use the land, or in interpreting that he/she provided it exclusively and exclusive right to use and profit from the land, he/she must do so by comprehensively considering the following: (a) the circumstance and period he/she owned the land; (b) the details and scale of the sale of the remaining land in installments; (c) the location and nature of the land to be used as the road; (d) the relationship with the neighboring land; and (e) the degree of contribution to the land in question for the effective use and profit-making of the remaining land partitioned and sold.

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