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(영문) 춘천지방법원강릉지원 2017.10.18 2016가단54281

담장철거 등

Text

1. The Plaintiff:

A. Defendant B, among the size of 22 m2, is the line in order of 5, 6, 7, 13, and 5 of the annexed drawing among the size of 1 Gangseo-si D 22m2.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on the ground of “the inheritance by agreement and division on November 19, 2012,” with respect to the land of 222 square meters in Gangseo-si, Gangseo-si (hereinafter “Plaintiff’s land”).

B. The Defendants are co-owners who jointly own one half shares of E, 407 square meters adjacent to the instant land (hereinafter “Defendants’ land”).

On December 1, 2013, Defendant B completed registration of initial ownership in its sole name with respect to the building on the Defendants’ land (hereinafter “Defendant B”).

C. At the time of constructing Defendant 1’s building, Defendant C, who was a fence between the Plaintiff’s land and the Defendants’ land, was subsequently laid down a new fence after the Plaintiff raised an objection.

Defendant C, by negligence in the course of piling up a new fence as referred to in the preceding paragraph, thereby damaging the boundary line of the Plaintiff’s land from 13 cm to 17 cm, and the Plaintiff, on November 3, 2014, conducted a boundary restoration survey and thereafter, thereafter, raised an objection. Defendant C re-repaired the fence.

E. At present, the Plaintiff’s land includes: (a) the FRP purification work of Defendant 1’s building (hereinafter “instant purification work”) at the 1.0m underground of the part 2.9m2 inside the line (hereinafter “the part”) of the attached drawing, in sequence 5,6,7,13, and 5; (b) the line 14,7 of the same drawing and the same drawing 14, and 7 of the same drawing, in sequence 1.0m PVC management; (c) the part 0.1m of the attached drawing, 7,8,15, 14, and 7 of the PVC management at the 1.0m underground along the line, are connected to each of the instant septic work (hereinafter “this case’s purification work”); and (d) the instant cement fence’s drawings at the 16m order, 4, and 16m each of the instant cement pipes at the same time (hereinafter “the instant cement fence at the same time”); and (d) each of the instant cement fences at the same time.