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(영문) 의정부지방법원 2015.06.19 2014나13137
축대철거및토지인도
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Determination as to the request for removal and delivery of the attached Form No. 2(b)

A. The Plaintiff asserts that the Defendant and the Appointer H (hereinafter referred to as the “Defendant, etc.”) occupy the axis in the attached Form No. B (hereinafter referred to as the “section”) located within the area of 595m2 (hereinafter referred to as the “Plaintiff’s land”) located within the Macheon-si, Seocheon-si, the Plaintiff owned the Plaintiff, and sought removal and delivery thereof.

B. According to each description and image of Gap's evidence Nos. 1 through 3 and Eul's evidence Nos. 1 through 4 (including each number, if any), the following facts are acknowledged: ① the defendant et al. is the co-owner of the 503 square meters and the 144 square meters per E before 144 square meters (hereinafter "the defendant's land"); ② the plaintiff's land and the defendant's land are mutually connected to the slope, and the plaintiff's land are located below the slope, and the defendant's land is located above the slope.

However, it is not sufficient to recognize the fact that the defendant et al. has occupied this part by piling up the axis in the part (B) located in the plaintiff's land only with the result of the survey and appraisal of appraiser F by the court of first instance, the result of the survey and appraisal of appraiser F by the court of first instance, and the result of the survey and supplementary appraisal of appraiser G by the court of first instance, and there is no evidence to acknowledge it differently.

2. In conclusion, the plaintiff's claim for removal and delivery of the above ground tin slope shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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