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(영문) 서울중앙지방법원 2020.12.21 2019가단5126757
임료 등
Text

1. The Defendant’s KRW 4,945,00 for the Plaintiff and 5% per annum from July 8, 2019 to December 21, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Gangnam-gu Seoul Metropolitan Government C large 182.7 square meters (hereinafter “Plaintiff’s land”), and the above ground building is the owner of the building, and the Defendant is the owner of Gangnam-gu Seoul Metropolitan Government D large 95.5 square meters (hereinafter “Defendant’s land”) adjacent to the Plaintiff’s land. The Defendant is the owner of the building on the ground.

B. 1 The Plaintiff’s land attached to the Plaintiff’s land

1. The Defendant’s ground ground-based building sewage pipes (hereinafter “dispute”) are laid underground on the ground of one square meter (hereinafter “dispute land”) connected each point of the map Nos. 1, 2, 3, 4, 5, 6, 7, and 1, and filed a lawsuit seeking removal of sewage pipes and delivery of the part of land laid underground.

2) On December 21, 2017, the appellate court of the lawsuit (Seoul Central District Court 2017Na14146, 2017Na14153 (Counterclaim)) determined that the Plaintiff’s claim was well-grounded on the following grounds, and rendered a judgment that “the Defendant removes wastewater to the Plaintiff and delivers the disputed land,” and that judgment became final and conclusive on January 6, 2018 (hereinafter referred to as “related lawsuit”).

. On the underground of the disputed land, a dispute sewage station used by the defendant is laid underground.

The total area of the site necessary for the dispute sewage center and its sewage center to be laid underground is one square meter.

The disputed land is located outside the fence of the building on the ground of the defendant's land.

Thus, the defendant has no title to use the disputed land as the site of the disputing agency, and there is a duty to remove the sewage pipe and deliver the disputing land.

C. Attached Form among the Plaintiff’s land

2. A septic tank (hereinafter “Dispute Purification tank”) is laid underground on the part 1.5 square meters in a ship connecting each point of 6, 7, 8, 9, and 6 of the drawings.

On the other hand, the defendant removed wastewater treatment plants around October 26, 2019.

[Ground of recognition] A.

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