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1. The defendant
A. Of the land size 916 square meters in 1, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24.
Reasons
1. Basic facts
A. On September 24, 2010, the Plaintiff completed the registration of ownership transfer with respect to CY 916 square meters.
B. The defendant is the above A.
Of the land indicated in the paragraph, with respect to “B” part 278 square meters in the ship indicated in the attached drawing (hereinafter “instant land”), the package of asphalt was placed on the ground, and the water supply center was laid underground.
C. Meanwhile, since 1970, the land of this case is offered to the general public for traffic and passage.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2 and 3, each entry and video of Eul evidence 2 and 3, the result of the commission of appraisal by the Korean Land Information Corporation to the net branch offices of this court, the purport of the whole pleadings
2. Determination
A. The land of this case is owned by the Plaintiff, and the Defendant occupies the land of this case as a road by carrying out a package work on the land of this case, barring any special circumstance, the Defendant is obligated to remove and deliver the facilities installed on the land of this case to the Plaintiff and return unjust enrichment.
B. Whether to waive the right to use the land of this case before the Plaintiff, the Defendant asserts that the Plaintiff’s claim is groundless, since the Plaintiff consented to the use of the land of this case as a passage, and renounced the exclusive and exclusive right to use the land of this case.
In interpreting that the owner of land directly provides the land as a road and grants the right to passage without compensation to the neighboring residents or the general public or waives the exclusive and exclusive right to use the land, he/she shall contribute to the effective use of the partitioned land and benefit therefrom, together with various circumstances, such as the developments and period of possession of the land in question, the details and scale of the sale in installments of the remaining land, the location and nature of the land in question used as the road, relations with neighboring land, surrounding environment, etc.