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(영문) 대전지방법원 2017.12.07 2016나107446

오수관등 철거

Text

1. The judgment of the first instance court, including a claim for addition and modification at the trial court, shall be modified as follows:

The defendant.

Reasons

Based on the facts, the Plaintiff completed the registration of ownership transfer on August 9, 201 with respect to one half of the instant land, and on December 20, 2012 with respect to one half of the remainder of the instant land.

The instant land is abutting on the road of the second line in the northwest, and is abutting on the land of the C site in the southwest, the M site in the southwest, and the N site in the Eastwest, and the land of the C and D adjacent thereto are located higher than the land of the instant case.

On the land of this case, a building is constructed and used as a site on the section 197 square meters at the place of the ship connecting each point of the attached Table 2, 3, 4, 5, 11, 10, 9, 8, 7, and 2, and the section connecting each point of the same map indication 1,7, 8, 9, 10, 11, 37, 36, 32, 33, 6, and 1 is used as an alley for which the sidewalk block is installed at the center and passing from adjoining C and D land to the roadway.

(hereinafter “this case’s access route”). A fence is installed around the line connected each point of the 7,8,9,10, and 11, which is located near the boundary of the part of the instant land and the part used as the site of the remaining building.

이 사건 토지에 대한 오수관 및 우수관 설치 현황 피고는 2011. 8. 17.부터 2015. 2. 6.까지 성환처리구역 분류식 하수관거정비(2단계) 공사를 시행하였는데, 그 과정에서 분류식 공공오수관을 매설하면서 가정에서 배출되는 오수를 연결하기 위해서 배수관 연결공사를 시행하였고, 당시 이 사건 토지 중 ㉲부분 4㎡ 및 이 사건 토지 중 ㉴부분 1㎡ 지하에 오수관(이하 ‘이 사건 오수관’이라고 한다)을 매설하였다.

Meanwhile, G, the owner of the land adjacent to the instant land, F, and G, the owner of the land, was formed according to natural life, among the access roads in the instant case, and excellent, etc.