건물철거등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The parties' assertion and judgment
A. The gist of the claim is that the Plaintiff, the owner of D’s land (hereinafter “Plaintiff-owned land”) was damaged by H and I roads (hereinafter “instant meritorious services”), a public official, due to the Plaintiff’s failure to enter the land of H and I as the owner of H and B’s land (hereinafter “Plaintiff-owned land”), where the part of the Defendant’s building and B’s land (hereinafter “M Dong”) invadeds the land of Bupyeong-gu Incheon, Bupyeong-gu, Incheon (hereinafter “Mdong”), which is the State-owned land, and accordingly, the Plaintiff asserts that 1 and 2 of the Defendant’s building are to be removed
As to this, the defendant asserts that it is improper to demand the removal of the part of the building owned by the defendant to increase the value of the land owned by the plaintiff, even though the defendant could have access to the contribution of this case through the passage existing on J land (hereinafter "existing passage") from the land owned by the plaintiff.
B. In full view of all the statements in Gap evidence Nos. 1 through 5 and 9 and the purport of the entire arguments and arguments by the appraiser N in the first instance trial, it is recognized that the land owned by the plaintiff is not allowed to enter the public road of this case without passing through other surrounding land, and that part of the land owned by the defendant 1 among the building owned by the defendant 1 and part of the C which part of the land allowed to enter the public road of this case from the land owned by the plaintiff 1 to 5 and part of the land
However, the fact that the existing passage, which can enter the land owned by the plaintiff, for the contribution of this case, exists on the J is recognized by the plaintiff himself. The following circumstances, namely, the unauthorized building owned by the plaintiff, which is the following circumstances, is part of the land C, and the width of the path connected to the land owned by the plaintiff and the existing passage, is narrow, since the land category of C is "do", but the actual situation is not a road, and the building owned by the defendant is the land C.