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(영문) 창원지방법원밀양지원 2019.12.04 2019가단10073

건물등철거

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant F acquired the ownership of the instant land on March 17, 2014, and the Defendants are married and wife.

B. The Plaintiffs owned a part of the instant land and the J land adjacent to the instant land (hereinafter “instant adjacent land”) as a passage along the way to use the land owned by the Plaintiffs, as well as the land owned by the land, etc. and the land and the pentashion on the instant land.

C. The Defendants extended the instant axis to part of the instant land used by the Plaintiffs as passage and installed the instant pen. D.

The Plaintiffs connected their sewage pipes to the instant sewage pipes to draft the daily sewage, etc. However, on July 10, 2019, the Defendants prevented the flow of sewage, etc. by installing obstacles in the instant sewage pipes.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3 (including additional number), the result of the on-site inspection by this court, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiffs asserted that they used the instant axis and pents as roads for a long time.

However, the instant axis and pents must be removed, as they interfere with the Plaintiffs’ right to passage over surrounding land due to the instant axis and pents.

In addition, even though the Defendants agreed to pay KRW 25 million to the Defendants and to use the instant sewage pipes, the Defendants are unable to install obstacles in the instant sewage pipes and install sewage, etc.

Accordingly, the Plaintiffs may seek removal of obstacles in the instant sewage plant on the basis of the above agreement and the right to use the structure for confinement under Article 227 of the Civil Act.

However, even if a judgment ordering removal is rendered, the Defendants seek payment of the same amount as that of the claim by indirect compulsory performance, as such, is highly likely not to comply with the judgment.

The Plaintiffs: (a) on June 19, 2007, K, the former owner of the instant land, drafted a letter of consent to use the instant land and a letter of promise of free donation; (b) however, the Defendants.

참조조문