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(영문) 서울남부지방법원 2016.10.07 2016나55344

건물등철거

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 1, 1990, the Plaintiff purchased a building of 136.8 square meters and its ground, Gangseo-gu Seoul Metropolitan Government, and completed each registration for the transfer of ownership on March 8, 1990. The Defendant purchased a D substitute 147.5 square meters and its ground building abutting on the Plaintiff’s land on June 17, 1983 and completed the registration for the transfer of ownership on the same day.

B. Around November 2, 2010, the Defendant filed a lawsuit for confirmation of boundary with the Seoul Southern District Court 2010Kadan3898, and the part of the land connected in order to each point of the items indicated in the separate sheet No. 5, 8, 9, 10, and 5 was confirmed as the Defendant’s land in which the part of the land attached to the Plaintiff and the annexed sheet No. 5, 6, 7, 8, and 5 were successively connected to the land owned by the Defendant, and as a result, the part of the land owned by the Defendant and the part of the wall of the land owned by the Plaintiff, which connected each point of the items indicated in the annexed sheet No. 1, 2, 3, 4, and 1 in sequence among the land owned by the Plaintiff, was found to have been invaded with the part (Ga) section No. 4.8 square meters.

C. Meanwhile, among the land owned by the Plaintiff, on the underground of the part (A) which connects each point of the attached drawing Nos. 1, 2, 3, 4, and 1 among the land owned by the Plaintiff, the Defendant’s sewage management officer, which is connected to the joint sewage culvert, started with the attached drawing Nos. 3 and 1, is laid underground, and the sewage facilities of the Plaintiff’s building are also connected to the Defendant’s sewage pipes.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2 (including each number), Eul evidence 1 to 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff is the Plaintiff is entitled to the following: (a) on the underground surface of the part (A) which connects each point of the annexed drawing indicating 1, 2, 3, 4, and 1 with respect to the Plaintiff’s land ownership, the Defendant laid the sewage pipe facility without the Defendant’s possession and uses it; and (b) the Plaintiff suffers damage, such as flooding of the Plaintiff’s underground building due to sewage emitted from the Defendant’s building; and (c) the Defendant