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(영문) 대전지방법원 2017.02.10 2015나6393

방해제거

Text

1. The judgment of the first instance court, including the amendments and reduced claims by the plaintiff at the trial, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff is the owner of CY 3,195 square meters (hereinafter “instant land”). The Defendant is the owner of DP 3,020 square meters adjacent thereto (hereinafter “Defendant’s land”).

B. The ground of the Defendant’s land is at a height of approximately 1.5m to 2.5m above the instant land. Of the instant land, the surface of the Defendant’s land is at a height of approximately KRW 1.5m, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 51m of land adjoining each point of the separate sheet Nos. 1, 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, and 10m of land adjoining the Defendant’s land (hereinafter “chill part”), and a slope is formed

C. The straight line connecting each point of the separate sheet Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 1 in sequence is not the straight line, but the straight line connecting each point of the separate sheet Nos. 2, 3, 4, 6, 7, 8, 9, 10, 11, and 2 with the straight line connecting each point of the separate sheet Nos. 12, 13 (the area of the straight line connecting each point of the above ground Nos. 1, 2, 12, 13, and 13 is the same 51 square meters as the rice field No. 51 square meters), and the straight line connecting each point of the above ground plan Nos. 2,12 (the straight line connecting each point of the two separate drawings No. 2,12) is 0.48 meters if the length of the straight line is measured, and the height of the straight line No. 2, 151, 27. m.27).

The volume of earth and sand accumulated in the part of the rice bank calculated by the above figures is 6.86 cubic meters (i.e., 0.48m x 0.27m x 105.83m x 1/2, and 1/2 decimal place).

On February 2, 2012, the Plaintiff conducted a survey to restore the boundary between the instant land and the Defendant’s land, and disbursed KRW 833,800 at that expense. Around June 2013, the Plaintiff again conducted a boundary survey between the instant land and the Defendant’s land and disbursed KRW 869,000 at that expense.

[Ground of recognition] Unsatisfy, A(1) through (3)