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(영문) 수원지방법원 2016.11.30 2014가단54768
담장철거 등
Text

1. The Defendants jointly share KRW 1,552,479 for each of the Plaintiffs and their respective amount from January 20, 2016 to November 30, 2016.

Reasons

1. Basic facts

A. The Plaintiffs are owners of the land and housing located in Yeongdeungpo-gu E (hereinafter “Plaintiffs’ land and housing”), and the Defendants are the owners of the land and housing located in Yeongdeungpo-gu F (hereinafter “Defendants’ land and housing”) at the time that is abutting on the Plaintiffs’ land.

B. Around April 2010, Nonparty G constructed a fence after building a house on the land of the Plaintiffs, and the Plaintiffs purchased the land and housing from G on February 1, 2011.

C. Around January 2013, the Defendants constructed the Defendants’ housing on the Defendants’ land. D.

However, after the Defendants constructed the Defendants’ housing, the above concrete walls and walls of the Plaintiffs’ housing installed on the land and the Defendants’ land boundary were installed, and the parking lot doors of the Plaintiffs’ housing were installed.

E. According to the appraiser H’s appraisal result, the right door of the parking lot of the plaintiffs’ housing was located at the entrance of the parking lot, and around 10 meters in the vertical side, about 20 meters in the horizontal side, and there is no normally closed. The difference in the boundary part of the wall of the plaintiffs’ housing and the concrete wall wall of the plaintiffs’ housing is about 1m in the front side, about 10m in the upper part, about 9m in the upper part, and about 9m in the upper part, about 4m in the upper part of the bar door of the plaintiffs’ housing parking lot, and about 9m in the upper part. Meanwhile, although the upper part was investigated in the shape of 9m in the upper part, it was found that the upper part was even 5m in the upper part due to the passage of time, and there was no difference in the parking lot of the plaintiffs’ housing.

F. This is about 2 years and 10 months after the completion of the housing construction of the plaintiffs, and the defendants constructed the concrete wall fence of the plaintiffs' housing, which is higher than 60cm than the plaintiffs' land.

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