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(영문) 수원지방법원 여주지원 2018.11.14 2018가단758

공작물 철거 및 대지인도

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The land stated in the Plaintiff’s claim is owned by the Plaintiff. Since the Defendant owns toilets and sports facilities installed in the part on the ship (A) among the above land, the Defendant must remove the above toilets and sports facilities and deliver the said land to the Plaintiff.

2. According to the statement in Gap evidence No. 1, although the land stated in the claim is a plaintiff's ownership, there is no evidence to acknowledge that the above land was installed with toilets and sports facilities owned by the defendant, as alleged by the plaintiff, so the plaintiff's above assertion is without merit.

3. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.