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(영문) 수원지방법원여주지원 2020.04.09 2018가단55963

담장철거 청구의 소

Text

1. The defendant shall be the plaintiff.

A. Of the area of 12,362 square meters before Gyeonggi-gun D, each point is indicated in the attached Form 1, 2, 12, and 1 in sequence.

Reasons

1. Facts of recognition;

A. On September 16, 1992, the Plaintiff completed the registration of ownership transfer with respect to 12,362 square meters (hereinafter “instant land”).

B. On March 28, 198, the Defendant completed the registration of ownership transfer as to the land owned by the Defendant with respect to 2,970 square meters (hereinafter “Defendant-owned land”).

C. The Defendant, without the Plaintiff’s consent from March 1, 201, installed a reinforced concrete fence (the retaining wall, hereinafter “instant wall”) on the ground of the section 46 square meters of the attached drawing indicated in the attached drawing(s) from among the instant land (hereinafter “the instant land”) and without the Plaintiff’s consent, installed the fence on the ground of reinforced concrete 97 square meters of the attached drawing(s). The Defendant occupied and used the portion of “divable” and “c” portion of the instant land among the instant land, by installing a pipe, etc. on the ground of the section 97 square meters of the attached drawing(s) and using it as the part necessary for the passage of the land owned by the Defendant.

Of the land in this case, the sum of rent for which no deposit is made with respect to the portion “cream” or “dial” from March 1, 2011 to June 17, 2019 shall be 3,813,00 won [=4,789,000 won (from March 1, 2008 to June 17, 2019)-323,000 won (from March 1, 2008 to February 28, 2009)-315,000 won (from March 1, 2009 to February 28, 2010)-38,000 won (from March 1, 201 to February 28, 2010 to the amount equivalent to the amount of rent from March 1, 201 to June 28, 2019]; and the amount of land in this case shall be 30,000 won from March 1, 2019>

[Evidences Evidence: Records or images of Evidence A: Results of a request for measurement and appraisal by an appraiser F for a survey and appraisal by the two parallel branches of the Korea Land Information Corporation; the results of appraisal by an appraiser F; and the purport of the whole pleadings]

2. Judgment on the parties' arguments

A. According to the facts of recognition 1 as to the cause of the claim, as long as the defendant does not have the title to possess the portion "" among the land in this case, the defendant is entitled to possess the portion" among the land in this case on the ground of this case.