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(영문) 서울남부지방법원 2013.11.13 2012가단77789

시설물 철거 등

Text

1. The defendant shall be the plaintiff.

A. Of Geumcheon-gu Seoul Metropolitan Government 129.6 square meters, each point of (1) the attached Form 10,11,12,13,9,10 is marked with (1) the attached Form.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Geumcheon-gu Seoul Metropolitan Government C Dae-gu 129.6 square meters (hereinafter “instant land 1”) and two-story housing on its ground (hereinafter “instant housing 1”).

The Defendant is the owner of Geumcheon-gu Seoul Metropolitan Government D, Geumcheon-gu, 198.1 square meter (hereinafter “the land No. 2”) and the second-story housing (hereinafter “the second-story housing”) adjacent to the land of this case.

B. The process of changing ownership of each of the above real estate is as follows:

On December 29, 192, the date of the registration of the owner of the subject real estate, Plaintiff 1 on December 29, 1992, the first house of this case, Plaintiff 1 on December 29, 1992, acquired some shares on April 3, 2004, and Defendant 2 on January 26, 2007, acquired ownership on May 16, 1983, Defendant 3, April 2004.

The boundary between the land No. 1 and the land No. 2 of this case shall be indicated in the attached Form.

Some of the instant houses owned by the Defendant, fences, toilets, etc. are installed in the part over which the boundary of the land No. 1 was obstructed as follows.

(1) The attached specification No. 10,11,12,13,9,10 each point of which is successively connected to each point of the attached specification No. 10,11,12,13,9,10 are installed a string building, which is part of the housing No. 2 of the instant case.

(2) The line that connects No. 14,15,16 of the Attached Drawings to Order is a fence (However, the line is currently removed due to disputes surrounding the boundary between the Plaintiff and the Defendant).

(3) A part of a mentmen block toilet is installed on the part of a ship which connects each point of 19,18,17,7,19 in sequence, which is located in the attached Form No. 19,18,17,7,19.

【Ground for Recognition: Facts without dispute; evidence A 1-2; evidence A-2-1 and 2-2; appraiser F’s appraisal result; the purport of the entire pleadings】

2. Determination:

A. According to the facts of the judgment on the cause of the claim (1) and the judgment on the part concerning the removal and the request for extradition, the Plaintiff is deemed to have obstructed the exercise of ownership due to the Defendant’s possession on the part of the land No. 1 of this case, < Amended by Presidential Decree No. 20190, Mar. 1