구거철거 및 토지인도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. The Plaintiff is the owner of each land indicated in the separate sheet.
B. Of the land listed in the attached list Nos. 1, the attached reference is to install structures, such as cement retaining walls (hereinafter collectively referred to as “the structure of this case”), each of the attached table Nos. 10, 11, 12, 13, 14, 20, 21, 221, 22, 23, 22, 23, 24, 24, and 10 of the attached table among the land listed in the attached list Nos. 46, 47, 48, 49, 50, 51, 52, 53, 54, 54, 55, 56, 57, and 46, the attached reference table Nos. 1, 240 square meters of the part inside the ship connecting each point of the attached list No. 10, 10, 12, 13, 24, and 10.
[Based on the ground of recognition, entry of Gap evidence Nos. 1 (including paper numbers; hereinafter the same shall apply) and the result of the on-site inspection conducted by this court, the summary of the plaintiff's assertion as a result of the appraisal conducted by the Korea Land Information Corporation is that the defendant arbitrarily installed the structure of this case in the ship B and E, and owned and managed it in the ship.
Therefore, the defendant is obligated to remove the structure of this case to the plaintiff, who is the owner of each land listed in the separate sheet, and deliver the part B and E to the ship of this case.
Judgment
A. Whether a movable is consistent with a real estate should be determined by taking into account whether the movable is attached to the extent that it can not be separated without causing damage to the movable or excessive expenses, and whether it can become an object of separate ownership in trade with independent economic utility from existing real estate in its physical structure, use and function
On the other hand, the proviso of Article 256 of the Civil Act, which provides for the exception to the attribution of ownership with respect to the attached objects, shall not affect the rights of the attached objects only if the attached objects are separated from those of economic value.