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(영문) 제주지방법원 2020.05.21 2018가합14140

건물등철거

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of the instant land, who completed the registration of ownership transfer on December 31, 2014, based on sale on December 29, 2014, with respect to the land of this case with respect to the land of this case 387 square meters in Jeju-si (hereinafter “instant land”).

B. The Defendant is the owner of the adjoining land of this case, which completed the registration of ownership transfer on January 25, 1991, on the ground of sale on March 20, 1986, with respect to D Dae-si, Jeju-si, Jeju-si, Jeju-do, the adjacent land of this case (hereinafter “the adjoining land”).

C. Among the instant land owned by the Plaintiff, trees and grasss are located on the ground of the part “B” (hereinafter “the instant land part”) that connects each point of the attached Form Nos. 2, 3, 4, 5, 11, 10, 9, and 2 in sequence, among the land owned by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, Gap evidence 2, Gap evidence 9-1, Gap evidence 10-1 and 10-2, and the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant, among the land portion of this case, he stockpiled a stone fence on the line connected with each point of the separate sheet Nos. 2, 9, 10, 11, and 5 in sequence, and occupied the part of this case without permission while using it as a large-scale tree field, the Plaintiff, the owner of the land of this case, is obligated to collect and remove large-scale trees and stone fences on the ground of the land of this case and deliver the part of this case to the Plaintiff.

B. The Defendant did not planting bamboo or install a stone fence on the part of the instant land, and does not occupy the part of the instant land.

3. Determination

A. Regarding the claim for the removal of bamboo trees and the removal of stone, the Defendant planted bamboo on the ground of the part of the instant land and installed a stone fence, as alleged by the Plaintiff.

There is no evidence to prove that the disposal authority belongs to the defendant or that the disposal authority belongs to the defendant, and in particular, the ownership of trees such as bamboo trees is the owner of the land of this case in accordance with the legal principles pursuant to Article 256 of the Civil Act, unless there

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