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(영문) 의정부지방법원 2018.11.30 2018나201420
건물철거 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall draw up the attached Form among the land size of 483 square meters in the Guri-si.

Reasons

1. Basic facts

A. On April 12, 1990, the Plaintiff is the owner of G maintenance 1,144 square meters and C large 142 square meters.

B. On April 24, 2009, the Defendant completed the registration of ownership transfer in its name on the ground of inheritance by consultation division on April 4, 2009, with respect to the land number and land category of H 319 square meters, D 483 square meters, I 264 square meters, F miscellaneous land, 73 square meters, and E preceding 31 square meters (hereinafter each of the land of paragraphs (a) and (b) as before E).

C. On three lots, such as wooden machine and pent roof, owned by the Plaintiff, H, I, etc., a wooden flag and a single-story building (in relation to the instant building, “the wooden machine and a single-story house, wooden flag and a single-story general restaurant, 62.4m2m2m2,” hereinafter “instant building”) were located, and the Defendant completed the registration of ownership transfer on April 24, 2009 due to inheritance by consultation and division on April 4, 2009.

Of the instant building, the part which was constructed on the ground owned by the Plaintiff, is 116 square meters of the 15, 16, 17, 18, 19, 20, 21, 22, 23, and 15 of the attached Form No. 15, 15, 16, 17, 18, 29, 20, 21, 22, 23, and 15.

E. From October 2016 to July 2017, the J reservoir located southwest by maintaining G and developing a mountain channel, the width of which is about 1.5m to 2m from Guri-si, and from G maintenance, the road traffic is connected to the road to the road through the aforesaid mountain channel, but it is possible to pass the road only in the way of passage.

G Maintenance and the boundary of the D bank, there is a wire network installed by the Defendant (hereinafter referred to as “instant wire network”) on the line that connects each point of the annexed drawing Nos. 1, 11, 14, 13, and 12, which is the line of the D bank.

F. The Defendant completed the removal of the instant building around June 25, 2018, and delivered the instant building site to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 6 through 10, and Eul evidence No. 2 (including each number);

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