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(영문) 대전지방법원서산지원 2016.02.02 2015가단1255
매설물철거 등
Text

1. The Defendant each indicated in the attached Form 1, 5, 6, 4, and 1, which is laid underground on the land of 1066 square meters in Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 1066 square meters in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant land”) and the Defendant is the owner of 409 square meters in lots adjacent to the instant land.

B. Of the instant land, the purification tank protection room owned by the Defendant (hereinafter “instant purification tank”) is laid underground in the underground of the part as set forth in paragraph (1) of the order.

[Ground of Recognition] A without dispute, entry or video of Gap evidence Nos. 1, 2, 3, and 5 (including paper numbers), the result of a request for surveying and appraisal to the Korea Land Information Corporation in this Court, the purport of the entire pleadings

2. Determination

A. According to the above facts, the defendant is obligated to remove the septic tank of this case buried on the land of this case and deliver the part of the land to the plaintiff.

B. In order to conduct the instant survey appraisal, the Plaintiff claimed that the Defendant should compensate the Plaintiff for the said money, in addition to the survey appraisal cost, that the Plaintiff spent the total of KRW 936,00,00 in equipment rent, road cutting machine, personnel expenses, rounddown, and oil cost, and that this is a damage caused by the Defendant’s tort.

However, there is no evidence to prove that the Plaintiff spent the money for the survey and appraisal of this case as alleged above.

Therefore, this part of the argument cannot be accepted.

3. If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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