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(영문) 광주지방법원 순천지원 2017.01.05 2016가단3311

석재안내표지석철거 등

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1. The Defendant removed the Plaintiff one square meter of stone guide sign installed within the ridge between dry field located within 10,782 square meters in Ycheon-si.

Reasons

1. In full view of the purport of the entire pleadings as to the statement in Gap evidence No. 1 and No. 4 as to the cause of the claim, the defendant may recognize the fact that the defendant has installed one square meter of stone guide sign (hereinafter “instant sign stone”) within the boundary of dry field located within the boundary of dry field located within the forest land owned by the plaintiff (hereinafter “instant land”), and there is no counter-proof.

According to the above facts, the defendant is obligated to remove the sign stone of this case installed on the land of this case and deliver the relevant part of the land to the plaintiff.

2. As to the defendant's assertion, the defendant alleged that the removal of the plaintiff's claim should not be permitted as an abuse of right since the defendant installed the mark stone of this case with the plaintiff's permission. However, since there is no evidence to acknowledge that the plaintiff's claim of this case constitutes abuse of right, the above assertion shall not be accepted.

3. Conclusion, the plaintiff's claim of this case is justified.