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(영문) 수원지방법원성남지원 2017.07.12 2016가단220593

지장물 철거 및 토지인도 등 청구의소

Text

1. The defendant shall be the plaintiff.

A. Of the lands listed in the separate sheet, each point of 10, 11, 12, and 10 indicated in the separate sheet shall be in sequence.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 1,051 square meters in C, Hanam-si (hereinafter “instant land”). The Defendant is the owner of the instant land, 618 square meters in D, Hanam-si, and the owner of the instant land, adjacent to the instant land.

B. On June 28, 2011, the Defendant issued to the Plaintiff’s agent E an agreement (hereinafter “instant agreement”) stating that “The Plaintiff’s agent constituted a violation of the boundary within the instant land by 1, sewage pipes, and two entrance roads to both sides of the instant land, and that the said structure, etc. will be transferred to outside the boundary of the instant land on December 31, 2011” (hereinafter “instant agreement”).

C. On January 21, 2016, the Plaintiff’s agent E sent a content-certified mail stating that the obligation under the instant agreement was not fulfilled. On January 31, 2016, the Plaintiff sent to the Defendant a content-certified mail stating that the obligation was fulfilled by January 31, 2016, and on March 8, 2016, the Defendant sent a content-certified mail demanding the Defendant to complete the said obligation by March 31, 2016.

On July 8, 2016, the Plaintiff conducted a cadastral status survey on the part, etc. occupied by the Defendant among the instant land through the head of the lower branch office of the Korea Land Information Corporation prior to the instant lawsuit.

The Defendant uses part of 124 square meters of “b” portion as the parking lot or main entrance of the building owned by the Defendant (hereinafter “B” in the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 as the access to the building owned by the Defendant, which connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1, as the access to the building owned by the Defendant. The Defendant uses the portion of “c” portion as the access to the 50 square meters of “c” portion (hereinafter “c” in the attached Form 10, 11, 12, and 10, as the access to the building owned by the Defendant. The Defendant uses the part of “c” as the H

E. Annual rent and monthly rent for the instant land from January 1, 2012 to March 20, 2017, are as listed below:

The annual rent for a period of time (cost/land size).