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(영문) 대구지방법원경주지원 2019.03.20 2018가단1424
담장철거 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form 1, 2, 3, 4, and 1 among the area of 251 square meters prior to C at the time of racing with the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer on July 22, 2002 on the instant land based on a donation made on July 18, 2002.

B. On March 15, 1913, the Defendant’s tide D acquired the ownership of the E-si E-si (hereinafter “E land”) from the instant land on March 15, 1913. The Defendant completed the registration of ownership preservation on the E land on July 23, 1980 in accordance with the Act on Special Measures for the Registration of Real Estate Ownership Transfer (Act No. 3094).

C. The Defendant installed a wall (hereinafter “instant wall”) on the line that connects each point of the separate sheet Nos. 1 and 4 among the instant land, and occupied the part of the instant dispute.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply), purport of whole pleadings

2. According to the above facts of recognition as to the claim of principal lawsuit, barring any special circumstance, the defendant is obligated to remove the fence of this case installed on the ground of the land of this case and deliver the part of the dispute of this case to the plaintiff who exercises the right to claim the removal of disturbance based on ownership.

3. Judgment on the defendant's main defense and counterclaim

A. The gist of the Defendant’s assertion was that the ownership was acquired on March 15, 1913, and the ownership was newly built on the ground. From the time of the construction of the said house, the fence was built at the location where the instant fence was located, and the Defendant’s fatherF was also examined on the said house. In around 1977, the Defendant removed the said fence and built the cement block.

E Land and the part of the instant dispute were occupied by the network D, and the possessory right was inherited to the networkF after the network D died, and the networkF died on December 20, 198, and the possessory right was inherited to the Defendant.

Thus, the defendant shall own the part of the dispute of this case from the time of the death of the net F.

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