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1. The defendant shall be the plaintiff.
A. The attached appraisal map No. 21 to 27, 7 through 3, 39, 38, 37, among the 1,821m2 of the forest land B in Sungsung-si.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition - The Plaintiff’s husband C purchased on May 10, 1986 and completed the registration of transfer of ownership.
C A deceased on September 2, 1994, and the Plaintiff succeeded to the said land.
- The Defendant: (a) constructed and managed a museum which displays the relics on the said site while owning a lot of land, including D previous 5,652 square meters and E large scale 654 square meters; and (b) used the part of the instant land “B” and “divities” (hereinafter “instant dispute”) as an access road to enter the said site; and (c) the said access road is a concrete package after acquiring the instant land by C.
- At present, the above access road was in a non-packaged state before concrete packaging, and the museum was constructed on the above E site, and concrete packaging was currently made.
The expenses required for packing was not subsidized at the time, which is the competent authority at the time, and the construction of the housing in the vicinity is the first place after packaging.
- The rent for the part of the instant dispute is the sum of KRW 5,647,320 from January 1, 2004 to December 31, 2013, and the next day is the amount calculated by the ratio of KRW 52,330 per month.
[Ground of recognition] Each entry in Gap 1 through 7, Eul 2's image, fact-finding reply to the chemical file, on-site inspection, survey and appraisal results, the purport of the whole pleadings
B. According to the above facts of recognition, it is reasonable to view that the above access road and packaging are the Defendant. Thus, barring special circumstances, the Defendant is obligated to remove concrete packaging installed in the part in the dispute of this case to the Plaintiff, deliver the part in the dispute of this case, and pay unjust enrichment equivalent to the rent for possession and use of the part in the dispute of this case, and delay damages therefrom.
2. The Defendant’s assertion regarding the Defendant’s access road is the land owned by the Defendant and the building adjacent thereto.