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(영문) 수원지방법원성남지원 2013.04.17 2011가합17942
하수관거철거등
Text

1. The defendant shall appoint the plaintiff (appointed party) and the rest of the appointed party:

A. Attached 2.0 m2.0 m22, Jung-gu, Seoul.

Reasons

1. Basic facts

A. On February 17, 2004, the Plaintiff and the remaining designated parties completed the registration of transfer of ownership on the ground of sale on September 24, 2003 with respect to each of the 1/5 shares of Jung-gu, Seoul and 288 square meters (hereinafter the above each land is specified only as the lot number, and the combination of each of the above land is referred to as the “instant land”).

B. In around 2004, the Plaintiff and the remaining designated parties newly constructed a building (hereinafter “G building” on the land in the following forests) and completed registration of initial ownership on May 13, 2005 as to each 1/5 shares of the instant building among the instant buildings.

(c) Attached Form B among the land B

2. The underground and the underground space of the part (b) part (b) in the ship connected each point of 1,2, 5, 66, and 1 (hereinafter referred to as the “section (b)”) of the same map indication 5, 2, 3, 8, 4, and 5m2 (hereinafter referred to as the “section (e) part) in the ship, which are connected in turn to each point of 6m2 (b) (hereinafter referred to as the “section”) among the land in C, are laid under the sewage installed and managed by the Defendant.

The Appointer H requested the Defendant to remove the sewage pipes laid underground on the ground of the instant land. However, on July 3, 2011, the Defendant respondeded to the Appointer H that “it is a public sewage culvert installed for the discharge of sewage (water and water) of the surrounding buildings, etc. of the instant land before the construction of the instant building, and that the said sewage culvert was installed in line with the gradient of this area, so that natural drainage was possible, and it is impossible to remove the said sewage pipes because there was no way to discharge sewage such as surrounding buildings, etc. without passing through the instant land under regional conditions.”

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 6, Eul evidence No. 3 (including each number), the result of the on-site inspection by this court, the result of the appraiser I's survey and appraisal, the purport of the whole pleadings

2. Determination on the claim for removal of sewage pipes

(a)the cause of the claim;

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