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1. The Defendants are each indicated in the separate sheet No. 4, 5, 20, 19, 18, 17, and 4, among the 1,650 square meters of the attached sheet No. 4, 5, 20, 19, 18, 17, and
Reasons
1. Basic facts
A. On October 11, 2012, the Plaintiff completed the registration of ownership transfer under its name with respect to the land of 1,650 square meters (hereinafter “instant land”) prior to Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).
B. The Defendant’s net F, which was put up by Defendant B on the registry of real estate, is the owner. The Defendant’s land and the instant land are facing each other between G road G road 2,965 square meters (hereinafter “the instant road”).
Defendant C is the husband of Defendant B.
C. The Defendants, among the instant land, have packed or set up a iron plate, 15 square meters prior to the part of “B,” which connects each point of the attached Form Nos. 4, 5, 20, 19, 18, 17, and 4 in sequence, among the instant land, and used it as access roads to the Defendant’s land.
[Basic Facts] Facts without dispute, Gap evidence Nos. 1, 3, 5, 6, Eul evidence Nos. 3 and 5, Eul evidence Nos. 3 and 5 (including each number; hereinafter the same shall apply), the result of this court’s entrustment of appraisal to the Korea Land Information Corporation, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendants interfere with the Plaintiff’s exercise of ownership by occupying and using the affected part of the instant case as a road for entry into the Defendant’s land. Thus, the Defendants are obliged to deliver the part of the affected part to the Plaintiff.
B. The Defendants asserted and determined as follows: (a) the Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Y newly built a house, etc. on the 442m2 square meters in Chungcheongnam-gun, Chungcheongnam-do; and (b) the Plaintiff’s Y partially infringed on the instant road; and (c) the network H consented to the use of the part on the land of the instant bed and approved the use of the land, and thus, the Defendants asserted that they have the right to lawfully use the part on the instant bed land.
According to the entry of Gap, B, the housing owned by the Plaintiff is about 45 square meters.