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(영문) 서울서부지방법원 2018.03.30 2016가단34260
공작물철거
Text

1. The defendant shall remove rains installed on the south side of the building on the attached list to the plaintiffs.

2...

Reasons

1. Determination on the request for removal

A. The plaintiffs are sectional owners of the aggregate buildings listed in the attached list (hereinafter "the building in this case"), and the fact that the defendant established the rain (hereinafter "the rain") on the south side external wall of the building in this case is not a dispute between the parties.

Therefore, unless there are special circumstances, the defendant is obliged to remove the above vision to the plaintiffs who seek the removal of interference based on ownership.

B. The defendant's assertion 1) through J, the representative of the plaintiffs, determined that the removal of building stones damaged on the south outer wall of the building of this case, and the construction of the instant vision was contracted to the extent of KRW 13 million for the construction to carry out the construction, and thus, the plaintiff cannot respond to the plaintiffs' request. 2) In addition to the whole purport of the arguments in the witness J's testimony, the defendant's request for removal of building stones attached on the south outside wall of the building of this case was destroyed on July 2016, and the plaintiffs will remove the above outer wall, and the plaintiff's removal of building stones was decided as representative of the J (the wife of the plaintiff B, the co-owner of the building of this case No. 101, the building of this case, the construction business operator of July 9, 2016, and the defendant 300,000 won, or 160,000 won, which was paid with the witness J's testimony, the defendant may request removal of the building.

① However, even according to the Defendant’s assertion, the instant vision is not necessary for the aforementioned removal works, and thereafter the instant vision is established to implement the modified construction contract in accordance with the conclusion of the contract to simultaneously carry out the J and the removal and the closure of outer walls. ② However, the entry of the evidence No. 2 on behalf of the Plaintiffs alone.

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