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(영문) 의정부지방법원 2019.12.18 2019가단113116
토지인도
Text

1. The Defendant connects the Plaintiff each point of the attached Form No. 5, 6, 7, and 5, among the area of 45 square meters in Yangju-si.

Reasons

1. On the premise of factual relations, D. 45 square meters (hereinafter “instant land owned by the Plaintiff”) and E. 545 square meters (hereinafter “instant land owned by the Defendant”) owned by the Defendant are in contact with the cadastral map indicated in the attached Form.

On September 2016, the Defendant maintained the drainage way installed near the boundary line of the land owned by the Plaintiff and the land owned by the Defendant, and built concrete building works on that floor.

(hereinafter referred to as the “instant drainage System Maintenance Works”). / [Grounds for recognition] without dispute, Gap 1, 2, and the purport of the whole pleadings.

2. As to the determination of the claim for removal and delivery, part of the concrete floor of the drainage channel, which was removed following the drainage maintenance work of this case, was installed with 2m2 square meters in a ship connecting each point of the land owned by the Plaintiff in the order of attached Table 5, 6, 7, and 5.

(2) As a result of the on-site inspection by this Court, the Defendant is obligated to remove the concrete floor installed in the above (b) and deliver the above (b) part to the Plaintiff seeking the removal of interference as the owner of the land owned by the Plaintiff.

3. Determination as to the claim for agreed amount

A. Since the Plaintiff’s assertion that the land owned by the Plaintiff was located at a higher location than that of the Defendant’s land, the Plaintiff decided to install tin walls according to the boundary line of both land around August 2016.

However, while performing the instant drainage maintenance work, the Defendant agreed to pay the difference to the Plaintiff at the intervals of paying the difference to the Plaintiff. The Defendant agreed to pay the difference to the Plaintiff.

Therefore, the defendant is obligated to pay 1,860,000 won to the plaintiff for additional stone installation works.

B. The defendant's drainage of this case, as argued by the plaintiff.

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