(영문) 부산지방법원 2017.04.13 2016가단354509

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(영문) 부산지방법원 2017.04.13 2016가단354509

토지인도

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

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

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1-4, 7, and 8 (including paper numbers; hereinafter the same shall apply), and Eul evidence Nos. 2 and 7 by integrating the purpose of the entire pleadings.

With respect to the land listed in Paragraph (1) of the attached Table No. 1 and the building listed in Paragraph (2) of the same Table on that ground (hereinafter “instant building”), the Plaintiff completed each registration of ownership transfer with respect to the land listed in Paragraph (3) of the same Table on February 9, 2010, and the Plaintiff appears to have resided in the Plaintiff’s building.

B. The Defendants, as married couple on August 11, 2016, are co-owners who completed the registration of ownership transfer due to sale on April 7, 2016, with respect to the land indicated in paragraph (4) of the attached Table No. 4 (hereinafter “instant adjacent land”) adjacent to each of the said lands (hereinafter “each of the instant lands”) and the buildings listed in paragraph (5) of the same Table on the said land (hereinafter “instant adjacent buildings”). The Defendants are operating restaurants in the said buildings.

C. After purchasing the adjoining land of this case and the adjoining building of this case (hereinafter “the instant repair work”), the Defendants removed a wall installed on the boundary between each land of this case and the adjoining land of this case (hereinafter “previous wall”) and then constructed a new wall at the expense of the Defendants (hereinafter “new wall”). While the previous wall was constructed only for cement block, the lower part of the wall was made cement block, and the upper part was made of cement block, and the upper part was made of a transparent or half-proof material.

2. The assertion and judgment

A. The main point of the party’s assertion (1) The Plaintiff’s former fenced cement block to have a height of about 2 meters.

However, the Defendants removed the previous fence to the Plaintiff while performing the repair work of this case.

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