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(영문) 서울북부지방법원 2016.04.15 2015나32125
도로사용로(부당이득)
Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached Form 1 drawings on the Plaintiff (Counterclaim Defendant) among the attached Form 8, 10, 11, among the attached Form 30 square meters in size B in Dongdaemun-gu Seoul Metropolitan Government.

Reasons

1. Facts of premise;

A. The Dobong-gu Seoul Metropolitan Government 29 square meters was partitioned into D on July 23, 1966 16,542 (Seoul Metropolitan Government Ownership, hereinafter “Mono Land”) and re-divided into land Nos. 1 and 2 on September 2, 1969.

B. On November 18, 1983, the land Nos. 1 and 2 was transferred to H through D, and the land Nos. 3 and 2 adjacent to the north of the land No. 1 were transferred due to the transfer of ownership to the Defendant on October 26, 1995.

C. H newly constructed a new house with old house in land No. 1, etc. (hereinafter “defed Plaintiff’s house”), and completed the construction on August 2, 1985, and the Plaintiff completed the registration of ownership transfer on October 12, 2004 with respect to the above house, No. 1, and No. 2 land through I, etc.

구 건축물대장에는 쟁점 원고주택의 소재지가 원고 소유의 제1, 2토지로 되어 있으나, 실제 현황으로는 피고 소유의 제3토지 중 ㈏ 부분이 위 주택의 부지인 반면 제1토지는 일부는 마당 별지 제1도면 표시 10, 13, 14, 3, 4, 12, 11, 10의 각 점을 차례로 연결한 선내 ‘나’ 부분을 말한다.

part is used as a road site.

E. As above, part of the land No. 1 and the land No. 2, that is, the Plaintiff’s land at issue is being used for the passage of vehicles and pedestrians, as a road consisting of the above K K-road 1002 square meters, which is owned by the Defendant, along with the vehicle and pedestrians. The land No. 2 is respectively installed by telecommunication stations and sewage holes.

[Ground for Recognition] A. A. 1-5, 7, 8 (including each of these numbers), B. 1-8, 13 (including each of these numbers), images of the evidence Nos. 9, 10 (including paper numbers), the result of the measurement and appraisal entrusted to the 1st instance appraiser M, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the premise of the determination on the request for extradition, the Defendant would provide the Plaintiff’s land as a road used for the general public’s passage.

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