(영문) 부산지방법원 2019.02.01 2018나49475

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.02.01 2018나49475

배수관철거등

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 29, 200, the registration of transfer of ownership in the Plaintiff’s name was completed on August 29, 200 with respect to the land of Busan Jin-gu C, Busan (hereinafter “Plaintiff’s land”), and the registration of transfer of ownership in the Defendant’s name was completed on July 20, 1987 with respect to the building of D-209 square meters and its ground adjacent to the Plaintiff’s land (hereinafter “Defendant’s land and building”).

B. Of the Plaintiff’s land, the line indicated in the separate sheet Nos. 6, 15, 16, and 12, the line indicated in the separate sheet Nos. 5, 14, 13, and 12, which connects the points of 14, 13, and 12, and the line indicated in the separate sheet Nos. 5, 14, 13, and 12, which connects the point of 14, 12, on the ground of the line connected in order to each point of 6, 15, 16, and 12, is deemed to indicate the upper part of the stone axis installed by slope.

The Defendant-owned width is 0.12m, height is 1.9m, block fences with a length of 16.3m, and concrete axis with a height of 1.8m (hereinafter “instant PVC pipe, wall, and stone axis”), respectively, installed on the ground of the line connected to B (hereinafter “instant PVC pipe, fence, and stone axis”).

C. The Defendant, among the Plaintiff’s land, uses the part of 11 square meters (hereinafter “the instant site portion”) at the 5,6, 7, 8, 12, 13, 14, and 5 of the same drawing in order to connect each point of the Plaintiff’s land as the site for the instant PVC pipe, fence, and stone.

[Ground of recognition] Evidence Nos. 4, Eul evidence Nos. 4-1, 2-2, Gap evidence Nos. 1-1, 2-2, the result of the measurement appraisal commission to appraiser E by the court of first instance, the purport of the whole pleadings

2. According to the determination as to the cause of the claim, the Defendant possessed the instant site portion by owning the instant PVC pipe, fence, and stone mat on the ground of the instant site portion owned by the Plaintiff, and barring any special circumstance, the Defendant is obligated to remove the instant PVC pipe, fence, and stone mat, and deliver the instant site portion to the Plaintiff, barring any special circumstance.

3. Determination on the Defendant’s assertion on the completion of acquisition by prescription

A. As to the completion of the acquisition by prescription

유사 판례

-부산지방법원 2018.05.17 2017가단6456

-의정부지방법원 2016.09.09 2015가단23222

-서울중앙지방법원 2013.12.03 2013가단109649

-수원지방법원평택지원 2015.11.27 2015가단41591

-창원지방법원 2021.01.28 2019나67088