건물철거 및 토지인도
1. The plaintiff's primary claim against the defendants and the conjunctive claim against the defendant D are all dismissed.
2...
1. Basic facts
A. The Plaintiff is the owner of 724 square meters prior to Sincheon-si, E (hereinafter “Plaintiff-owned land”) and Defendant B and C own 1/2 shares of 663 square meters adjacent to the Plaintiff’s land, respectively. Defendant D is the owner of 1,218 square meters adjacent to the Plaintiff’s land.
B. Of the land owned by the Plaintiff, the part of the “2m2” portion of the land owned by Defendant D, which was connected in sequence of each point indicated in the annexed drawings No. 14, 4, 17, 16, 15, and 14, is installed across the boundary of the land owned by the Plaintiff.
【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 3, and Eul No. 6 (including the number of branch numbers), each of the statements and images of Gap’s No. 1, 3, and Eul’s No. 6 (including the number of branch numbers), the result of the measurement and appraisal commission made on August 21, 2018 to the Korea Land Information Corporation, the purport
2. Judgment as to the plaintiff's primary claim against the defendants
A. The Defendants asserted by the Plaintiff, without legitimate title, possess the part of the Plaintiff’s land adjacent to the Plaintiff’s land owned by the Defendants, including Defendant B and C, and Defendant D is jointly and severally liable to pay KRW 1,852,105,00 to the Plaintiff, Defendant D, and Defendant D, as expenses incurred in preventing soil collapse after the removal of the instant stone at the cost of preventing soil collapse. Defendant D, as the part of the instant stone shed on the part of the instant stone shed indicated in the 1st drawings (hereinafter “the instant stone shed”). Defendant B and C, Defendant C, and Defendant D, who exercise the Plaintiff’s right to claim the removal of interference based on ownership, remove stone embankments installed in the part of the “inboard indicated in the 1st drawings,” and Defendant D, as the part of the “inboard indicated in the 1st drawings.”
B. We find that the instant stone axis was installed by erosion against the Plaintiff’s land, as alleged by the Plaintiff, on August 23, 2017, with the result of the commission of surveying and appraisal by the Korea Land Information Corporation on the branch offices of the Korea Land Information Corporation (hereinafter “Korea Land Information Corporation”).