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(영문) 대구고등법원 2020.11.27 2019나26961
방해제거등 청구의 소
Text

The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for this part of this Court is that the second part of the judgment of the court of first instance is that “Yju-si E road 168 square meters (hereinafter “Defendant’s land”) is “Defendant’s land”; the third part’s “cadastral map” is “survey appraisal map”; and the first part’s reasoning for the judgment of the court of first instance is as follows.

The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except that the part below (as set forth in Chapters 5 and 13 of the judgment of the court of first instance) is used as follows. Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

D. The Plaintiff conducted a survey on the boundary of the Plaintiff’s land on September 12, 2017, and the Defendant and the Selection discovered that part of the Plaintiff’s land was installed and used, and that part of the Plaintiff’s housing landscaping facilities installed a stone shed and wooden fenced the Defendant’s road. Since then, disputes arose between the Plaintiff and the Defendant and the Selection regarding the removal of the stone dysium, stone embankments, and wooden fences. E. The Defendant removed the stone dysium around March 12, 2019, and the Plaintiff installed a separate access to the Plaintiff’s housing and a separate road between the Plaintiff’s housing around March 26, 2019. A survey appraisal map on the Plaintiff’s land attached to the Defendant’s land on March 28, 2019 should be 18,19,200,0000 square meters (hereinafter “the instant stone fence”).

[Reasons for Recognition] A. 1 to 8, 14, 20 evidence, Eul 1 to 4 (including each number, if any, hereinafter the same shall apply) without dispute.

(1) Each description or image of this Court, the result of the court’s request for surveying and appraisal to the appraiser J, the result of fact inquiry to the permanent residence of this Court, the purport of the entire pleadings.

2. The plaintiff's assertion

A. The Defendant and the selector, without reporting under the Building Act and subordinate statutes, link each point of the attached table 18, 19, 20, 21 of the survey appraisal by the Defendant and the selector.

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