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(영문) 서울중앙지방법원 2018.04.09 2017나91341
토지인도 등
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the reasoning of the judgment of the court of first instance, and thus, it is also acceptable by the main sentence of Article 420 of the Civil Procedure Act.

2. The main part of the judgment of the court of first instance - the part from 4th page 13 to 14th page “A” of the same part shall be applied to “the site for entry road is being used as part of the site.”

- The 4th page 16 of the first instance judgment “each description” shall be written with “each description or image”.

- Part 5 of the judgment of the court of first instance, from 7 pages 5 to 14 of the same page “........................”

"If the State or a local government implements road renovation or maintenance work, such as expansion, packing, or installation of sewerage, for the existing roads, or performs construction work on a private land which is virtually necessary for the general public traffic, and the land is in the form of a road, and if the land is for the public traffic, it shall be deemed that the road is actually under the de facto control of the State or a local government, and it can be recognized that it occupies it as the de facto controler.

(2) In light of the above legal principles, the following facts and circumstances are as follows: (a) the part of the instant land is part of the road (hereinafter “the instant shooting range road”) connected to the shooting range 172 square meters from the front door to the rear door of the shooting range (hereinafter “the instant shooting range”); (b) the part of the instant land is 172 square meters adjacent to the shooting range, and (c) the Defendant created the shooting range around 1997, by creating the shooting range the shooting range around 197.

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