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(영문) 서울남부지방법원 2016.04.27 2015가단24816
담장등철거
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of “Seoul Yangcheon-gu E. E., 184.4 square meters (hereinafter “the instant land”). Defendant B is the owner of “Seoul Yangcheon-gu F.126.5 square meters,” which is recognized as the instant land, and Defendant C and D shared 1/2 shares of each of the “Seoul Yangcheon-gu G road,” which is adjacent to the instant land.

The current status of each land owned by the Defendants shall be attached Form

1. The same shall apply to drawings;

B. The Plaintiff newly constructed a three-story multi-household house immediately after the purchase of the instant land and a detached house on the ground, and installed a parking lot in order to make the instant parking lot clear to the instant road, and installed a new parking lot in order to make the instant road run away from the said parking lot.

3. The part of the wall that caused the harm to the ship (hereinafter “the wall of this case”) which connects each point of 9, 10, 11, 12, and 9 with an indication of surveying and appraisal, was arbitrarily removed.

C. As above, the Plaintiff voluntarily removed the instant Gu wall installed in the previous place and installed a block fence (hereinafter “the instant block fence”) on the ground of the instant land without the Plaintiff’s permission, and Defendant B installed a block fence (hereinafter “the instant block fence”) on the size of 0.3 square meters, which connects each point of the attached Table 8, 9, 12, 13, 14, and 8 on the ground of the instant land without any indication with respect to the measurement appraisal of attached Table 3 on July 23, 2012.

The Plaintiff filed a lawsuit against the Defendant B with this Court No. 2013Gadan49293, which sought removal of the block fence in this case, but the judgment was rendered in favor of the Plaintiff, but Defendant B appealed with this Court No. 2014Na11869, and this court rendered a decision in lieu of conciliation on February 25, 2015 to the effect that “Defendant B would remove the block fence in this case to the Plaintiff by April 20, 2015,” and the said decision became final and conclusive around that time.

Since then, Defendant B removed the block fence of this case, which existed on the ground of the instant land in accordance with the above decision, but thereafter approximately approximately approximately to the road direction from the above block fence.

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