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(영문) 대전지방법원공주지원 2017.06.15 2016가단22096

토지인도

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is the owner of 111,664 square meters of D forest land in Si/Gu, Gongju-si, and the Defendant is the owner of c. 1,471 square meters of land adjacent to the Plaintiff’s forest land.

However, the defendant established a collection and alteration of a square on the land owned by the defendant, and the ditches connected to the above collection and alteration are causing damage to the forest owned by the plaintiff with a large quantity of flow at the time of echeon City or concentrated drainage.

In addition, the above collection and correction established by the defendant is a facility that illegally discharges sewage and waste water discharged from pet crematoriums operated by the defendant in the above site.

Therefore, since the above collection and alteration established by the defendant on the land owned by the defendant could interfere with or interfere with the ownership of adjacent land owned by the plaintiff, the defendant is obligated to remove the above collection and alteration to the plaintiff pursuant to Article 214 of the Civil Code.

B. Each statement of Gap evidence Nos. 7, 9, and 10, each of the images of Gap evidence Nos. 2, 5, 6, and 8 (including a serial number), and the result of the on-site verification by this court is insufficient to recognize that, as a result of the on-site verification by this court, each of the images of this Court Nos. 2, 5, 6, and 8 (including a serial number), which the defendant installed within the land owned by the defendant, discharged wastewater discharged from a crematorium of a companion animal installed by the defendant in the land owned by the defendant, or that, as a result, it is not sufficient to recognize that there is no evidence to acknowledge otherwise.

Therefore, the plaintiff's claim against the defendant is without merit.

2. The plaintiff's claim against the defendant is dismissed. It is so decided as per Disposition.

참조조문