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(영문) 청주지방법원 2017.08.25 2016가단109314
토지인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. In the part of the “supply system” of the right-hand map in the Gu-dong E-dong (hereinafter “E-dong”) of 595 square meters (hereinafter “instant land”), Cheongju-si owned by the Plaintiff, a water supply system is installed to supply tap water (hereinafter “instant water supply system”) to the Defendant’s ground reinforced concrete structure (refinite), concrete roof, and two floors of detached housing owned by the Defendants.

B. The water supply facilities of this case are the same form as the right drawing, and among them, the water supply facilities from the site boundary to the water meter protection tank are owned by Cheongju, and the water supply facilities are owned by Cheongju, and the end of the measuring instruments is the water supply pipes from the point to the Defendants’ housing.

(1) Among them, the fact that there is no dispute about the water supply pipes from the point to the point (hereinafter referred to as the “instant water supply pipes”) . [The ground for recognition] . (The entry of Gap evidence 1 to 5 (including the number; hereinafter the same shall apply) , the result of the fact inquiry into the headquarters of the Cheongju City Water Supply Project in this Court, and the purport of the entire pleadings.

2. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to remove the water supply pipes of this case installed on the instant land owned by the Plaintiff, barring special circumstances, such as the Plaintiff’s right to use and benefit from the instant land.

3. Judgment on the defendants' assertion

A. On March 18, 2004, the Plaintiff asserted by the Defendants: (a) sold to the Defendants the FF large 993 square meters of land in a housing complex at the time; and (b) agreed to install groundwater and joint water tanks to be used as water supply facilities within a housing complex.

The plaintiff can not use groundwater due to water quality problems. The plaintiff installed water supply facilities on the land of this case to the defendants at the expense of the defendants and installed the water supply facilities on the front road of the land of this case.

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