beta
(영문) 서울중앙지방법원 2020.10.15 2019가단5152206

전신주 철거 등 청구

Text

1. The defendant shall be the plaintiff.

A. Of the land for gas station B in Dongjak-gu Seoul Metropolitan Government, 533 square meters, the annexed drawing “1”, “bb”, and “B” indicated.

Reasons

1. Facts of recognition;

A. On June 10, 2015, the Plaintiff (the Plaintiff Co., Ltd.) completed the registration of ownership transfer with respect to B, B, 331 square meters, D, 185 square meters, E, 4 square meters in large scale, 10 square meters in G, and 3 square meters in large scale. Five parcels of each of the above land were changed to five square meters in the land to B, a gas station site, 533 square meters (hereinafter “instant land”) and the merger was completed on November 29, 2019.

B. B. Before June 10, 2015, the Defendant, on or before the instant land, installed a low-tension processing cable in the air space connecting each point of the telecommunication note 1, 200, i.e., telecommunication note 1, 200, i.e., the telecommunication note 1, 200, i.e., the telecommunication note 2, i., 200, i.e., the telecommunication note 1, 200, and ii).

C. Of the instant land, the size of the land directly under the part of the instant electric wires (attached Form 19,20) located in a horizontal distance of 1m from 38m2 (i.e., 19,20m2) is 38m2 (i.e., part of “B” indicated in the attached Form 17m2). The area of “D” is 4m2,000m2, which is the part of “A” indicated in the attached Form 1m2 surrounding the instant utility poles (attached Form 1).

[Ground of recognition] The fact that there is no dispute, entry of Gap 1-6 evidence (including paper numbers), the result of this court's request for surveying and appraisal of the Korea Land Information Corporation, the result of appraiser H's appraisal of rent, the purport of the whole pleadings

2. Determination as to the claim for removal

A. According to the above facts, the Defendant is obliged to remove the instant utility poles, transformers, and electric wires to the Plaintiff, who exercises the right to claim the removal of interference based on the ownership of the instant land, insofar as the Defendant did not assert the legitimate source of possessory right to the instant land.

B. As to this, the Defendant had the electric poles, transformers and electric wires installed on the original report, but at November 2004, the International Oil Station (J) was newly constructed.