logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2021.01.15 2018가단138613
소유권확인
Text

The defendant is 5% per annum from November 22, 2018 to January 15, 2021 for the plaintiff 9,172,403 won and the following.

Reasons

1. The following facts do not conflict between the Parties, or may be found by each entry in Gap evidence Nos. 1, 2, and 13, and Eul evidence No. 6 (including branch numbers):

A. The Plaintiff is the owner of 561m2 (hereinafter “Plaintiff’s land”). The Defendant is the owner of E forest land of 633m2 (hereinafter “Defendant’s land”).

B. The Plaintiff’s land and the Defendant’s land are adjoining to the boundary, and there was a axis of natural stone embankments and a legal surface (hereinafter “the instant stone axis”).

(c)

On November 2018, the Defendant removed the instant stone embankment without the Plaintiff’s consent and installed the retaining wall (hereinafter “the retaining wall of this case”).

(d)

In order to install the retaining wall of this case, the Defendant was subject to a summary disposition of the Plaintiff’s land due to a boundary intrusion.

On the other hand, the plaintiff filed a lawsuit against the defendant against the defendant against the removal of the part in which the plaintiff's land was invaded, the delivery of the part in which the plaintiff's land was infringed, and the return of unjust enrichment. On November 27, 2019, the judgment became final and conclusive around that time.

2. Determination

A. According to the evidence mentioned earlier and the statements in Gap evidence Nos. 7 and 18 (including branch numbers), the neighboring land, including the plaintiff's land and the defendant's land, have been divided and transferred from 2595 square meters of forest E, Ma-si, Ma-si, the land prior to partition to the following process (hereinafter referred to as "sub-section 2595 square meters of forest land"): F and G's sharing on June 26, 2013, E- 1785 square meters of forest E 1785 square meters of forest E 1785 square meters of forest E 249 square meters on July 18, 2013 (including branch numbers), and after the division of the co-owned property on August 7, 2013, the plaintiff's land, including the defendant's land, sold and sold 63 square meters of forest E, 6502 square meters of forest land on April 14, 2014 (Ga. 16, 2017).2017

arrow