담장철거등
1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim filed in the trial are dismissed.
2. Costs of appeal; and
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is the owner of 150 square meters in Namyang-si, Namyang-si (hereinafter “the Plaintiff’s land”). The Defendant is the owner of D & 194 square meters in Nam-si, Namyang-si (hereinafter “the Defendant’s land”).
B. The Plaintiff’s land and the Defendant’s land are in contact with each other, and the Defendant, in turn, owns a mentir block fence on the part on the part on which the part on the part on the part on the part on which the Plaintiff’s land was connected 13, 4, 5, 12, and 13 of the attached Form 1, which is located on the Plaintiff’s land, in turn, and each point on the part on the part on the part on which the said land was connected, 6, 7, 10, 11, and 6 of the same drawings.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, result of the cadastral status survey conducted by the first instance appraiser E, purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to remove each of the above fences to the plaintiff, the owner of the land, except in extenuating circumstances. The part of the plaintiff's land of this case with each of the above fences is to be delivered.
B. As to the Defendant’s assertion, the Defendant asserts that the statutory superficies is established on the part where the Defendant’s fence was installed among the Plaintiff’s land in this case.
The legal superficies under customary law are generated when land and the building owned by the same person are different owners due to sale and purchase or other legitimate causes, and the above fence cannot be deemed to be identical to the building that is the object of the legal superficies under customary law. Thus, the defendant's allegation in this part is without merit.
[Defendant is not equipped with a purification tank for the defendant's building in part of the three-dimensional part, and there was no special agreement to remove the above purification tank, so the above purification structure has been acquired legal superficies under the customary law.