정화조 오수관 철거
1. The Defendant shall provide the Plaintiff with an attached appraisal map 1, 2, 3, and 4 points below the attached list 1, 3, and 4.
1. Facts of recognition;
A. The Plaintiff owns 202/248 of the site stated in paragraph (1) of this case (hereinafter “instant site”), and the share of 46/248 of the instant site is owned by C as the Defendant’s son.
B. The Defendant owns D large 208 square meters and housing on its ground adjacent to the instant land in Ansan-si.
C. When the Defendant installs a sewage culvert and a sewage culvert for one’s own housing, he/she installs and occupies a sewage culvert of 12.72 meters in length which connects each other the underground 70 to 80cm of the site of this case, and 12.72 meters in length which connects each other the two branches of the land of this case (hereinafter “the instant sewage culvert”). The Defendant installs and occupies a sewage culvert of 12.96 meters in length which connects each other,7.6 meters in length,7,66 meters in length, and 100 meters in length which connects the five branches of the site of this case (hereinafter “the instant sewage culvert”).
[Ground of recognition] The fact that there is no dispute, Gap Nos. 1 through 5 (including paper numbers), the result of the on-site verification by this court, the result of appraiser E's appraisal, the result of inquiry about the safe market of this court, the purport of the whole pleading, and the purport
2. Determination as to the cause of the claim, and preservation as to the jointly owned property can be done by each co-owner regardless of a majority of co-ownership, and seek the exclusion of interference in the case where the exercise of rights by all or part of co-owners is obstructed by another person constitutes the act of preserving no co-ownership.
(See Supreme Court Decision 265 of the Civil Act, Supreme Court Decision 98Da61746 delivered on May 11, 1999, etc.). According to the above facts, the plaintiff is a right holder of more than a majority of the land of this case, and the defendant is a right holder of more than the majority of the land of this case and interferes with the exercise of the plaintiff's share ownership by installing the sewage culvert and sewage pipe under the ground of the land of this case. Thus, barring special circumstances, the defendant is obligated to comply with the plaintiff's claim to remove the above sewage culvert and sewage pipe.
3. The defendant.