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(영문) 광주지방법원장흥지원 2019.04.03 2018가단276
수도관철거 등
Text

1. The part concerning the claim for removal and delivery in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. The Plaintiff’s assertion is the owner of 380 square meters (hereinafter “instant land”).

Defendant Jinjin-gun, without legal title, laid underground a water pipe of approximately 30 meters in length and width of 0.4m in the part on the ship (A), which connects 1, 2, 3, 4, 1, and 1 in sequence, to the land of this case (hereinafter “instant water pipe”), and Defendant C Village uses the above water pipe.

Therefore, the Defendants are obligated to remove each of the instant waterworks pipes, deliver the site possessed by the said waterworks managers, and return the unjust enrichment equivalent to the rent from September 11, 2015 to the removal of the instant waterworks pipes.

2. Determination

A. The Plaintiff, who did not dispute, completed the registration of ownership transfer on September 11, 2015 with respect to the instant land on the grounds of sale on August 25, 2015, and the fact that the instant water supply management is installed on the land located in part of the instant land is not disputed between the parties.

B. In civil litigation for the parts of removal and delivery claims, the purport of the claim must be clearly identified so that it can be determined as its own. Where the purport of the claim is unspecified or unclear, the lawsuit must be dismissed in an unlawful manner.

In light of the above, the plaintiff sought removal without specifically specifying the water pipes of this case for which removal is sought (attached Form drawing is not a drawing prepared on the basis of the survey, and the statement alone cannot be seen as having been specified only by the above drawings, since the water sources of this case were not established in any part of the land of this case. The plaintiff expressed his intention not to specify the purport of the claim despite the name of this court at the date of pleading, and the claim for delivery of the water pipe site cannot be seen as having been specified unless the location of the water pipes is specified.

Therefore, it is true.

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