담장철거 및 토지인도 등
1. The Defendant indicated on the attached sheet No. 15, 14, 13, 11, 10, 10, 9, which was constructed on the ground of 231m2 in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
1. Although the defendant asserts that the plaintiff's judgment on this safety defense is not a party to the lawsuit, the plaintiff's ability as a non-corporate body and the representative of the plaintiff is recognized to have filed the lawsuit in this case by asserting that he/she had the right against the defendant based on lawful delegation of authority, cannot be accepted.
The defendant argued to the effect that the lawsuit of this case was unlawful because the representative G transferred the lawsuit of this case without going through a meeting, and that the lawsuit of this case was withdrawn, but it is not clear whether the lawsuit of this case is withdrawn or not. Thus, the defendant's decision is made as above.
2. Facts of recognition and judgment
A. (1) The fact of recognition is that the Plaintiff owns a lot number of 231 square meters in Chungcheong-gun C (C., hereinafter the same shall apply) and is divided into the Plaintiff’s land: D large 665 square meters, E large 82 square meters, and F large 367 square meters, and land divided into D.
(2) The attached sheet No. 1,9, 10, 11, 12, 13, 14, 15, 8, and 1 are owned by the Plaintiff. The attached sheet No. 15, 14, 13, 11, 10, 10, and 9 are located on the ground of 231 square meters, which connects each point of the attached sheet No. 1,9, 10,000 square meters on the ground of 231 square meters in order. The attached sheet No. 17 square meters on the ground of 15,14, 13, 11, 10, and 9 are constructed.
[Grounds for recognition] Unsatisfy, Gap evidence 1, Gap evidence 7-1, 2-2, Eul evidence 1-1 and 2-2, the result of the survey and appraisal conducted on September 4, 2014
B. Accordingly, the Defendant is obligated to remove the fences of approximately 1.3 meters in height linked to each point of 15, 14, 13, 11, 10, 12, 13, 14, 14, 8, and 17 square meters in the ship’s site connected to each point of 1.3 meters in the attached sheet No. 1,9, 10, 11, 12, 13, 14, 15, 8, and 9, to the Plaintiff.
3. The judgment of the Defendant’s assertion is difficult to believe the result of the survey and appraisal conducted on September 14, 2014, because the community center was established on the land owned by the Defendant prior to the partition. The said appraisal is also difficult.