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(영문) 대구지방법원 2021.01.13 2019나309410
건물등철거
Text

The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

Upon a claim added by this Court, the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a public awareness of E religious organization F history, and the Plaintiff is called, on March 23, 2007, 834 square meters (hereinafter “C land”) from L to L prior to L in Pyeongtaek-si on March 23, 2007.

The following land also is the owner who purchased the following land on April 3, 2007 and completed the registration of transfer of ownership on April 3, 2007, and completed the registration of transfer of ownership on December 15, 2014.

B. The Defendant is the owner of G 1,276С (registration of ownership transfer on July 23, 1998) and of H 426С (registration of ownership transfer on February 26, 1997) adjacent to the land owned by the said Plaintiff.

(c)

On July 2008, the water tank of the above I Village should be installed.

The defendant agrees to the plaintiff that "I propose part of the H-owned land (the river side) that I own the land (C-owned land) as a place for the installation of a water tank in the village, on condition that I use part of the F-owned land (C-owned land).

The plaintiff seems to be a clerical error in JJ in the part of the defendant, as stated in the letter of agreement that "I shall own as his own land."

I agree to allow the Defendant to pass on some of the land.

The agreement with “” was signed by each party (hereinafter “instant agreement”). Accordingly, a village water tank was installed on the H’s land owned by the Defendant. From around that time, the Defendant used the passage of part (bbbbb) part 93 square meters (hereinafter “the instant traffic route”) and 93 square meters (hereinafter “the instant traffic route”) along the instant land along which the Defendant connects each point of the attached Table 1 drawings Nos. 23, 48, 47, 46, 45, 44, 43, 42, 21, 22, and 23 among the land owned by the Defendant.

(d)

Around July 2017, the Defendant packaged the passage route of this case as cement.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply), the result of the 1st deliberation on the Korea Land Information Corporation's request for appraisal to the Korea Land Information Corporation's branch, the purport of the entire pleadings

2. The plaintiff's assertion

A. Part 1 related to the passage of this case only permits the Defendant to use the passage of this case, and the Defendant, without permission, stored cement packaging and piling a stone yard.

In addition, the defendant pollutes the food sources and causes this case.

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