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(영문) 춘천지방법원 원주지원 2018.11.20 2018가단300752
도로철거 등
Text

1. The defendant shall be the plaintiff.

A. The attached reference sheet No. 1, 35, 34, 33, 32, 22, 23, 24, 24, 31, 30, 29, 29, among the land areas of 801 square meters prior to Kuju-si.

Reasons

Basic Facts

A. From June 13, 1972, E died in the same manner as B, B, C, C, 162 square meters, and D, 72 square meters (hereinafter “B”), and on March 10, 1979, E entered into an agreement on the division of inherited property with the purport that the Plaintiff would own each of the instant land solely among E’s inheritors on the same date.

B. In around 1974, the Defendant installed the portion of the attached reference on B’s land in the line with each point of 1,35, 34, 33, 22, 22, 23, 24, 31, 30, 29, 28, 27, 14, 15, 16, 17, 18, 19, 19, and 264 square meters of the attached reference on C’s land; and the part of the attached reference on C’s land which connects each point of 22,23,24, and 22, 22, 34, 33, 32, 23, 24, 42, 39, 37, 37, 35, 36, and 100 square meters of the attached reference on D’s land; each of the above part of the land was installed in the line with each of the above part of the ground water supply facilities (hereinafter referred to as “the above”).

C. The amount equivalent to the rent for the period from February 1, 2013 to June 30, 2018 on each part of the instant vessel is KRW 7,521,950, and the monthly rent for each part of the instant vessel as of June 30, 2018 is KRW 182,986 [the amount equivalent to the monthly rent for each part of the instant vessel = 182,97,920 [the amount equivalent to the monthly rent for each part of the instant vessel + 3,850 won + 3,850 won + 108,280 won), 6 months, and less than won];

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), appraiser F’s appraisal result, the plaintiff’s assertion of the purport of the whole pleadings was made by the defendant without any title to install the asphalt road of this case on the ground of each part of the ship of this case, and the water supply pipe was installed under the ground.

Therefore, the defendant is the defendant's asphalt road of this case to the plaintiff.

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