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(영문) 수원지방법원 2019.11.14 2019가단502484
수도관철거청구 등의 소
Text

1. Defendant C is laid underground on the red line with the indication of the annexed drawing No. 2 among the real estate listed in the annexed list No. 1.

Reasons

1. Basic facts

A. The Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant land”) from D or E, and completed the registration of ownership transfer in the name of the Plaintiff on November 26, 2015.

B. On April 5, 2017, F purchased 1/2 shares of each of the instant land from the Plaintiff, and completed the registration of ownership transfer on April 6, 2017.

C. Defendant C purchased 1/2 of the instant land from F on May 9, 2018, and completed the registration of ownership transfer on May 10, 2018.

D obtained a building permit for detached houses on the ground of the wife population G from the head of the Dong, the head of the Dong, the head of the Dong, around September 23, 2015, when D and E, the owner of the instant land, submitted a written consent for road designation of the instant land, and the head of the Dong, on October 28, 2015, designated and publicly announced the instant land.

In addition, around January 17, 2017 or September 15, 2017, the land category of the instant land was changed to a road.

F. On August 2016, before F acquired the ownership of shares, the Plaintiff drafted a written consent with F to the effect that “F would not raise any objection even if F would use or lay the instant land, such as sewage, excellent water, water supply, electricity, telecommunications, etc., and underground utilities, including telecommunications, in obtaining permission for development activities and building permission.” The Plaintiff drafted a written consent with the same content even around June 2017, which was after F acquired the ownership of shares.

G. Around November 2017, Defendant C newly built an aggregate building with the construction permit of I, a multi-household H in the wife population H level adjacent to the instant land by the head of the Si/Gu, the head of the Si/Gun/Gu, which was a multi-household. In the process, Defendant C designated as the project implementer with respect to the project that performs the construction work of water supply source on the instant land under the name of J operated by the said Defendant from the G market, and the water pipe was laid underground in the red line of the annexed drawing No. 2

On the other hand, the above.

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