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(영문) 제주지방법원 2016.05.13 2015가단52359
공작물철거등 청구의 소

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is a pipe installed on the ground of the land indicated in the separate sheet.


The main lawsuit and counterclaim are also examined.

Basic facts are companies that engage in real estate development business, tourism accommodation operation business, etc.

C, D, around 2013, operated family hotel F with family hotel on the land of 4,891 square meters in Seopo-si, Seopo-si, Seopopo-si and recreational pentle H on the ground of 5,011 square meters in G.

(F) On April 16, 2013, in the name of E, G and its neighboring land, K, M, N,O, P, upon the creditors’ voluntary auction application with respect to C and D, the voluntary auction procedure for E, G and its neighboring land was commenced.

In the above auction procedure, the Plaintiff received a successful bid for E and G land and received a decision of permission for sale, and paid the sale price on December 11, 2014.

Accordingly, on December 17, 2014, the registration of transfer of ownership in the name of the plaintiff was completed for each of the above land.

In addition, the Plaintiff’s representative director Qu received a successful bid and received a decision of permission for sale on December 11, 2014 for the land located south of the Riart in the instant case where two graves exist.

Since Seopo-si, G land was merged into E land on February 9, 2015.

On February 27, 2015, the Plaintiff registered the business of the instant resort and started the resort business from that time.

Meanwhile, the Defendant received a successful bid for L, N, and P land (hereinafter “each of the instant lands”) in the above auction procedure and received a decision of permission for sale, and paid the sale price on December 12, 2014.

On May 4, 2015, through private land located north of each of the instant lands, the Defendant brought in steel hack pipe and nets, etc., and installed a tamper with a length of about 80 meters and a height of 4 meters along the boundary line abutting on the swimming pool and guest room in the instant resort.

Since then on May 6, 2015, the defendant added a construction work to reinforce iron pipes with strhhying them on the prevention already installed.

The defendant shall set up an existing net around October 29, 2015.