logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2018.01.10 2017가단2313
방음벽철거
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The ownership transfer registration was completed in the Plaintiff’s future on August 8, 201 on the ground that the land category was changed to a road on August 21, 2001 (hereinafter “instant road”), and the ownership transfer registration was completed in the Defendant’s future on the ground of donation on March 2, 2009 through E, and the said land was completed on October 15, 2013 due to the inheritance by agreement on October 15, 2015.

(hereinafter referred to as “Plaintiff-owned land”) B.

On 199, the G Apartment project implementer obtained D’s consent to use the access road to the road of this case for the purpose of using it as the access road to the above apartment, and installed the soundproof walls of this case on the road of this case for the prevention of noise damage to the above apartment.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, Eul evidence 2, 3, 4, and 7 (including branch numbers), each of the video and the purport of the whole pleadings

2. The plaintiff's assertion and judgment are that the operator of G Apartment installed soundproofs as the rear side of the plaintiff's land, but at the time, he installed the soundproof walls of this case at the location to block the front part of the plaintiff's land, which is the owner at the time. At present, the road and soundproof walls of this case are owned by the defendant. The plaintiff is suffering from suffering, such as the return of the application for permission to engage in development activities for the land owned by the plaintiff due to the soundproof walls of this case installed illegally as above. Thus, the defendant is obligated to remove the soundproof walls of this case to the plaintiff.

The plaintiff's assertion is without merit, since the evidence presented by the plaintiff alone is insufficient to recognize that the installation of soundproof walls of this case is unlawful, and there is no other evidence to acknowledge it.

3. If so, the plaintiff's claim of this case is without merit.

arrow