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(영문) 청주지방법원충주지원 2017.06.15 2016가단21592

토지인도

Text

1. 피고는 원고에게 충북 음성군 B 대 119㎡ 중 별지 도면 표시 ⓢ 부분 오수맨홀 주철뚜껑 및...

Reasons

1. Basic facts

A. On January 20, 2009, the Plaintiff purchased 119 square meters from the Cheongbuk-gun Audio Group B (hereinafter “instant land”) from the Cheongbuk-do Council of Gross Income on the same day and completed the registration of ownership transfer on the same day.

B. The instant land is located in a part of the lids of the Man-Male lid installed by the Defendant (hereinafter “the instant lids”), and the lids of the Man-Male lid is installed in the underground, where the Man-Male lids of the wastewater (hereinafter “the instant Man-Male Facilities”) are installed, and part of the superior pipes for the sewage treatment and outstanding treatment of nearby houses are installed.

C. From around 2013, the Plaintiff filed a civil petition with the Defendant and the Anti-Corruption and Civil Rights Commission to remove sewage buried on the instant land. On December 17, 2013, the Plaintiff and the Defendant drafted a written agreement with the purport that “the Defendant acknowledges that the instant land has a sewage Manyle, ought to remove the Manyle by December 31, 2013, and the Plaintiff would no longer raise any objection to the Defendant’s measures (hereinafter “instant agreement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 5 (including each number for additional evidence), Eul evidence Nos. 5 and 6, the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff acquired the instant land, the Plaintiff could not construct a new house on the instant land due to the instant Male Facilities and the sewage pipes installed by the Defendant, etc., and even if the Plaintiff filed a civil petition with the Anti-Corruption and Civil Rights Commission, etc. and brought a civil petition to arbitration, the Defendant still did not remove the instant Male lids and the Male Manle Facilities.

Therefore, the defendant is obligated to remove the above lids and facilities and deliver the above land to the plaintiff.

B. The summary of the Defendant’s assertion (1) In addition, the Defendant removed the Manle installed on the instant land in accordance with the instant agreement, even though it did so.