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(영문) 춘천지방법원원주지원 2019.05.09 2017가단33864

건물등철거

Text

1. The Defendant’s annual interest in KRW 5,883,902 and KRW 4,944,651 among the Plaintiff, from August 28, 2017 to May 9, 2019.

Reasons

1. Facts of recognition as the basis;

A. The Plaintiff owns one half of the forest land of 40,066 square meters in Gangwon-do (hereinafter “the forest of this case”), and the Defendant is the owner of the D-fishing ground, E, etc. in neighboring areas.

B. Of the forest land of this case, two plastic stables and one container stuffs installed by the Defendant were installed in the part of “B” among the forest land of this case, and all of the forest land of this case were removed by the Defendant at the time of the conclusion of the pleadings.

C. Of the instant forest land, “C” portion among the annexed drawings was used by the Defendant as a passage for the use of a fish farm in the Gangseo-gun, Gangwon-do (hereinafter “the instant fish farm”), and its trace remains in part at present.

The Plaintiff newly constructed a second-story house (hereinafter “the instant Plaintiff’s housing”) on the ground of 351 square meters in Gangnam-gun F., Gangwon-do, and was living from around December 2014. The Plaintiff had a house owned by the Defendant on the G land abutting on the said building site.

While the above house owned by the defendant is a single floor, the house owned by the plaintiff is a second floor building and is located in a place higher than the defendant's house.

E. Around 2015, the Defendant installed a steel-frame-structured glar at the boundary of each land set forth in the foregoing paragraph, and the width of the glarg is about six meters above upper and lower, and there is tear gas due to wind.

At the time of the conclusion of the pleading, the above balking was removed by the defendant.

[Ground of recognition] In the absence of dispute, each entry or image of Gap 1 through 8, 11, 12 evidence, Eul 1 and 2 evidence (if any, including each number; hereinafter the same shall apply), the result of the verification of b'b' and c's attached drawings of Gangwon-gun F and G of this Court, the result of this court's request for the appraisal of rent for H, the purport of the entire pleadings.

2. The parties' assertion and judgment

A. As to the part of the claim for extradition, the Plaintiff, against the Defendant, indicated in the attached Form No. 37, 25, 24, 23, 22, 21, 20, 19, 16, among forest land C in Gangwon-do, Gangwon-do.