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(영문) 대전지방법원 2018.01.17 2017가합101793

담 설치비용 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Daejeon Sung-dong, Daejeon Seo-dong, 114, 116-7, and 104-32 land (hereinafter “Plaintiff’s land”), and the company that operates the Yusung-dong (hereinafter “instant golf course”) on land, etc.

B. On February 3, 2015, the Defendant completed the registration of ownership transfer as to the Daejeon Seo-dong 523 (hereinafter “Defendant’s land”); the Plaintiff’s land and the Defendant’s land combined with the Plaintiff’s land, and sold the said land in lots as a housing complex.

C. The location and status of the Plaintiff’s land and the Defendant’s land are as shown in the attached Form and pictures.

(hereinafter referred to as "attached Form") d.

After completing the registration of ownership transfer with respect to the Defendant’s land, the Defendant stockpiled the waterway and tin in the attached Form A through C.

A dispute arises between the Plaintiff and the Defendant as to whether the waterway and the stone shed violated the Plaintiff’s land. Accordingly, the Plaintiff and the Defendant agreed to the waterway to move the waterway to the boundary of the Plaintiff’s land and the Defendant’s land (hereinafter “instant boundary”).

E. At the time of the Defendant’s completion of the registration of ownership transfer with respect to Defendant’s land, there were iron pents in the attached Form A through B, but the Plaintiff was above D.

In the port agreement, the above steel fences were removed and the high green safety net was installed in the same place with the installation cost of KRW 95,000,000.

The green safety net D.

The current status of the waterway and stone embankment shall be as shown in attached Form 1., photograph 2.

F. Of the instant land, the part from b to c of the annex drawing is currently with a Myanmar pentle at a height of 2.5 meters above the tin axis, and there is a waterway in front thereof.

Attached Form

An appraisal map (a), (b), (c) part (attached Form c through (g)) of (attached Form 2.5 meters in height) shall be the Myanmar pent, waterway, tin, and tin.