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(영문) 의정부지방법원 2019.01.25 2018나1811

지상물철거 및 토지인도 등

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1. The part of the judgment of the court of first instance against the defendant (appointed party) and the defendant shall be revoked, and such revoked part shall be applicable.

Reasons

1. Basic facts

A. On December 14, 201, the Plaintiff (Appointed Party) and the Appointed B (hereinafter “Plaintiff”) completed the registration of transfer of ownership on November 9, 201 with respect to one half of the 2,975 square meters of the F warehouse site in Yongsan-gu, Yongsan-gu, Yongsan-gu (hereinafter “Plaintiff’s land”).

B. The H warehouse site located on the southwest and southwest of the Plaintiff’s land (hereinafter “Defendant’s land”) was owned by C at the time of the instant lawsuit, and two buildings, the preservation of ownership of which was completed on May 3, 2005, were constructed on that ground.

C Around April 19, 2017 during the instant lawsuit pending, as the heir, the Defendant (Appointed Party) and the Appointor J, K, and Defendant E died, and on July 6, 2017, the two buildings and buildings on the Defendant’s land and the ground were completed to the Defendant (Appointed Party) on the ground of inheritance due to the consultation division on July 6, 2017.

C. The Plaintiff’s land and the Defendant’s land are highly high on the southwest, that is, the Defendant’s land is low, and the Plaintiff’s land and its north L is highly high.

Plaintiff

Land is a blind form if it excludes the entrance of the defendant's land, such as the attached reference map.

Plaintiff

There are approximately 4.5 meters high and approximately 35cm high between the land and the defendant's land, and a concrete retaining wall (hereinafter "the retaining wall of this case") with a width of about 35cm. The retaining wall was installed on the upper part of the retaining wall at intervals of the plaintiff's land, while the retaining wall was installed on the lower part of the retaining wall, at intervals of the retaining wall, on the ground of the plaintiff's land.

The boundary of the Plaintiff’s land in the retaining wall of this case is the line that connects each point of the attached Form 14, 15, 16, 17, 18, and 10 (However, the retaining wall is not installed in the vicinity of 14, 15), and the attached reference also is around 10, the retaining wall is also located on the Plaintiff’s land.

Therefore, the attached reference is separate from the retaining wall of this case, and the retaining wall of this case is separate from the retaining wall of this case, and the retaining wall of this case is the retaining wall of this case among the plaintiff's land.