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(영문) 청주지방법원 2018.10.12 2016나13391

소유물 방해제거 등

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1. The judgment of the first instance court, including the claims for addition and extension reduction by this court, shall be modified as follows:

Reasons

1. Basic facts (1) The Plaintiff is the owner who, around 2007, acquired the ownership of 2nd floor and 2nd floor of 2nd floor in each of the sections listed in the separate sheet among the buildings of this case (hereinafter “instant apartment”) and the ownership of 2nd class and 3nd class in the same floor around 2013 among the sections listed in the separate sheet among the buildings of this case.

The parking lot of the instant building is included in the instant land.

② On the lower part of the instant building, the market in the name of “B market” (hereinafter “instant market”) is equal to the two Koreas to the two Koreas. Defendant B Merchants’ Association (hereinafter “Defendant Merchants’ Association”) is a non-corporate group, which is the merchants’ association belonging to the instant market.

③ Around 2003, Defendant Chocheon-si established the bus stops of this case over the land in dispute No. 1 and the land in the south of the land owned by Defendant Chocheon-si (attached Form 14, 15, 16, 18, 19, and 14).

Part of the non-fash facilities and chairs at the bus stops of this case were installed on the ground of the first industrial dispute.

From around that time, Defendant 1 occupied and used the land in dispute as the place where some structures of the bus stops in this case are installed.

④ At around 2003, Defendant Seocheon-si installed the instant structure over the G land in Ycheon-si and the land on both sides of the second industrial disputes owned by Defendant Seocheon-si, and provided the use thereof to the Defendant Merchant Association.

From 2003 to 2003, Defendant Chocheon-si occupied and used the site of the columns of the instant structure, and part of the section with a height of not less than 5 meters from the ground of the second dispute land, respectively, at the place where the beams and roof of the instant structure are installed.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, 2, 4, 5, 6, 7 (if there are serial numbers, including each serial number; hereinafter the same shall apply), Eul 7, 8, 9, 10, and 11, and expert witnesses at the first instance court.