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(영문) 대전고등법원 2017.08.17 2016나10511

시설물철거 등

Text

1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:

The plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of all pleadings as a result of the request for appraisal to the Daejeon Vice-Governor of the Korea Land Information Corporation and the Daejeon Vice-Governor of the Daejeon District Court, as a result of the first instance court and this court's on-site inspection of Gap evidence 1 through 8 (including the number of each unit; hereinafter the same shall apply).

On November 21, 2005, the Plaintiff completed the registration of ownership transfer based on sale on November 17, 2005, respectively, with respect to the building above the land of the Daejeon Dong-gu I, Daejeon, JJ 259 square meters, E land (hereinafter referred to as “Plaintiff’s land”), and J land. < Amended by Act No. 7813, Nov. 17, 2005>

B. On March 5, 2013, the Defendant completed the registration of ownership transfer on the Defendant’s land based on sale on December 30, 2012.

C. On March 4, 2015, the Defendant’s wife M shall complete the registration of ownership transfer on the basis of a donation made on March 3, 2015, with respect to the F 435 square meters (hereinafter “F land”).

Plaintiff

Of the lands, the land E is connected to the land owned by the Defendant, F, and R, the Dong-gu Daejeon Special Metropolitan City, Daejeon Special Metropolitan City, which is owned by the Defendant (hereinafter referred to as “K”) and the land is connected with the land of 1,273 square meters per annum per Dong-gu, Daejeon Special Metropolitan City. The land is connected with the land of 1,273 square meters per Dong-gu, Daejeon Special Metropolitan City. The land of the Defendant is one of

E. Of the Defendant’s land, the parts connected with each point of Appendix 1 No. 2, 17, 18, 5, 4, 3, and 2 are bricks, kykes, kykes, etc. installed by the Defendant. Of the land E, the part of the ship connected each point of Appendix A and 15 is one square meter, etc. installed by the Defendant on the line that connects each point of Appendix 1 and Map 15. The part of the ship which connects each point of Map 2, 17, 18, 5, 4, 3 and 3 installed by the Defendant.

2. The assertion and judgment

A. The plaintiff's assertion 1 does not obstruct or deny the plaintiff's passage of the defendant's land in the following respects.