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(영문) 부산지방법원 2017.04.27 2016가단327804
경계확정 등 청구의 소
Text

1. The Defendant connects the Plaintiff each point of the attached Form 1, 2, 3, and 1 among the land size of 215 square meters in Busan Jung-gu, Busan.

Reasons

1. Facts of recognition;

A. On March 10, 2014, the Defendant purchased a four-story neighborhood living facilities and housing building (hereinafter referred to as “Defendant-owned land”) located in Jung-gu, Busan (hereinafter referred to as “Defendant-owned land”) and completed the registration of ownership transfer.

B. On June 24, 2015, the Plaintiff purchased approximately 215 square meters adjacent to the Defendant’s land (hereinafter “Plaintiff-owned land”) and completed the registration of ownership transfer.

C. Of the Defendant-owned buildings, the retaining wall part is constructed on the ground of 6.72 square meters inside the ship connecting each point of 1, 2, 3, and 1, in sequence, among the land owned by the Plaintiff (hereinafter “the instant part of the land”). D.

The amount equivalent to the monthly rent on the part of the instant intrusion is KRW 41,490 per month from May 21, 2015 to May 20, 2016, and KRW 45,860 per month from May 21, 2016.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, 3, Gap evidence 3, Gap evidence 4-1 and 2, Gap evidence 4-2, and the purport of the whole pleadings as a result of appraiser E's appraisal

2. According to the facts found in the determination as to the cause of the claim, the Defendant shall remove the retaining wall constructed on the ground of the part on the ground among the Defendant’s building, and (2) deliver the part on the instant intrusion to the Plaintiff; and (3) pay the Plaintiff the amount of money calculated by deducting the amount of money calculated at the rate of 452,241 won [ = 452,241 won from June 24, 2015 to May 20, 2016] from June 24, 2015 to May 20, 2016 x (27/30) x 366,880 won from May 21, 2016 to January 20, 2017 x 45,860 won from January 8, 200 x 8608 months from January 24, 2017 to 15, 2017.

3. The defendant's assertion.

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