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1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
Reasons
1. In the first instance trial, the Plaintiff filed a claim against the Plaintiff for the removal of the steel gate, the removal of drilling and the delivery of the site. The Defendants filed a claim against the Defendants, ① removal of the non-building walls and their delivery, ② removal of the wall and the delivery of the site. The first instance court accepted the claim against the Plaintiff in its entirety, and accepted the claim against the removal of the non-building walls and the delivery of the site during the counterclaim, ② removal of the non-building walls and the delivery of the site.
Since only the plaintiff filed an appeal, the scope of the judgment of this court is limited to the removal of walls outside the building and the claim for delivery of the site among the defendants' counter-claim claims.
2. Basic facts
A. The Plaintiff is the owner of 136 square meters (hereinafter “Plaintiff-owned land”). The Defendants are those who own 1/2 shares each of 1/2 shares of the E-type E-type 215 square meters (hereinafter “Defendant-owned land”) adjacent to the Plaintiff’s land.
B. Meanwhile, among the land owned by the Defendants, the part of the block walls of the instant building owned by the Plaintiff is not less than two square meters (hereinafter “instant exterior wall”) on the ship, which connects each point of the attached drawing No. 2 drawings No. 1, 2, 13, 12, 11, 10, 8, 7, and 1 in sequence, among the land owned by the Defendants, the part of the outer wall of the block wall of the instant building (hereinafter “instant exterior wall”).
[Ground of Recognition] A without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3-1 and 2-2, Gap evidence No. 4-1, video of the court of first instance, the result of on-site inspection conducted by the court of first instance, the result of each survey and appraisal conducted by the court of first instance appraiser F, the purport of the whole pleadings
3. Determination on removal of the outer wall of this case and on the claim for delivery of the land of this case among the counterclaim claim
A. According to the above facts of recognition, the plaintiff is obligated to remove the outer wall of this case to the defendants and deliver the land of this case.
B. As to the Plaintiff’s assertion, the part seeking removal by the Defendants is the outer wall of the main body of the building, and the occupied area is limited to two square meters.