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(영문) 수원지방법원 2016.02.12 2014가단53192
공작물철거
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form No. 9, 10, 11, and 9 among the area of 142 square meters of C forest land in Ansan-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner of 142 square meters of C forest land in Ansan-si (hereinafter “instant land”).

B. Around 2011, the Defendant installed a reinforced soil retaining wall (hereinafter “the retaining wall of this case”) according to the boundary surface of the instant land and the Defendant’s land, as the owner of the D large 1056 square meters adjacent to the instant land (hereinafter “Defendant’s land”).

C. However, the retaining wall of this case was built by breaking up two square meters in part (B) of the ship (hereinafter “the part in possession of this case”) connected in order to each point of the attached drawing Nos. 9, 10, 11, and 9 among the land of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including branch numbers), the result of the on-site inspection conducted by this court, the result of the survey and appraisal conducted by appraiser E, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. 1) The Plaintiff’s assertion 1) Claim against the Defendant for the removal of the retaining wall of this case, which was installed in violation of the occupied part of the instant land owned by the Plaintiff, and the delivery of the occupied part of this case. 2) If the retaining wall of this case was not removed as preliminary, the Defendant would seek compensation for damages equivalent to the rent for the instant land incurred by the Plaintiff due to the Defendant’s installation of retaining wall of this case and possession without title, the damages incurred by the Plaintiff’s impossibility of building the road of this case, the damages incurred by the removal of the building constructed in the adjacent part of the instant land, and the damages equivalent to the expenses incurred by the removal of the building constructed in the adjacent part of the instant land, and the damages equivalent to the cost incurred by the alteration of the construction design, and the damages equivalent to the cost incurred by the removal of the building

B. According to the above facts, the defendant is obligated to remove the retaining wall of this case installed in the occupied part of the land of this case owned by the plaintiff and deliver the occupied part of this case. 2)

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