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1. The text of the judgment of the first instance, including the plaintiffs' claims expanded and reduced in the trial, is as follows.
Reasons
1. Facts recognized;
A. With respect to A, on May 7, 1962, with respect to the area of 354 square meters prior to B, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, 1962
6. On March 20, 200: (a) each registration of ownership transfer was completed with respect to the land of the said two parcels of land (hereinafter “each of the instant parcels of land”); (b) died on September 24, 2013; (c) the heir was Plaintiff E and Plaintiff F, who is the spouse, and Plaintiff E, and Plaintiff E completed the registration of ownership transfer with respect to each of the instant parcels of land on March 14, 2014, based on inheritance by agreement and division as of September 24, 2013.
B. Of each of the instant lands, a sewerage facility (16 square meters) and a sidewalk block (26 square meters) has been installed on a ship (hereinafter “instant land”) which connects each point of 1,2,3,4,5,6, and 1 in sequence among the instant lands. The Defendant thereafter installed a sewerage facility (16 square meters) and a sidewalk block (26 square meters from March 26, 2008.
5. By June, 50, while executing the “D Village D Village Package Construction”, the part on the sidewalk block (hereinafter “instant road”) among the instant issues in concrete packaging was implemented.
[Ground of Recognition] A without dispute, Gap evidence 1, 2, Gap evidence 6-1 through 3, Gap evidence 15, Gap evidence 16-1, 2, Gap evidence 17-3, Eul evidence 1 through 3, Eul evidence 7, Eul evidence and video, the result of the request for measurement and appraisal by the military branch office of the first instance court for the appraiser, and the purport of the whole pleadings
2. Determination as to Plaintiff E’s removal of obstacles and claim for land delivery
A. (1) Plaintiff E argues that the Defendant without any title installs a sewerage facility and carries out concrete packaging on the instant land at issue, which was owned by the network A. Thus, Plaintiff E is obligated to remove the said sewerage facility and concrete packaging and then deliver the said land to Plaintiff E. Even if there was no act of road construction under the Road Act, etc., the State or local government is obligated to do the reconstruction or maintenance work of the road, such as expansion of the existing road, road packing, or installation of the sewerage.