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(영문) 춘천지방법원강릉지원 2015.08.25 2014가단8819
시설물철거 등 청구
Text

1. The defendant

(a) Indication of attached real estate 1;

1.(a)

Attached 2 References. 11, 5, 6, 10, 10.

Reasons

1. Determination as to the cause of claim

A. The plaintiff in fact of recognition 1 shall indicate attached real estate 1.

1.(a)

Land entered (hereinafter referred to as “Plaintiff’s land”) and

B. The owner of the indicated building (hereinafter “Plaintiff building”) is the Defendant’s indication of the same real estate

2.(a)

Land entered (hereinafter referred to as “Defendant’s land”) and

B. It is the owner of the indicated building (hereinafter “Defendant building”).

2) Of the Plaintiff’s land, there is a mar line of the Defendant’s building on the ground of 4m2,00 square meters, which connects each point of 11,5,6,10,00 square meters of the attached Table 2 to the Plaintiff’s land, and the septic tanks owned by the Defendant are laid underground on the ground of the part indicated as the 4m2,00 square meters of the above “bb” part of the Defendant’s building. 3) In the mar line of the Defendant’s building, rainwater and snow fall away from the Plaintiff’s land and the Plaintiff’s building, which are installed on the boundary of the Plaintiff’s land and the Plaintiff’s land, and if the mar line on the ground of 4m2,00 square meters of the above “b” portion is removed, it is anticipated that the damage is likely to be caused by the Plaintiff’s 6,000 square meters of the attached Table 2, 6,7,8,9,10, and 10.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7, result of on-site inspection by this court, purport of whole pleadings

B. According to the above facts of recognition, the Defendant, in accordance with the Plaintiff’s claim for the exclusion of interference based on his ownership, removed the facilities (masts) installed on the ground of four square meters in the part of “B” in the ship connecting each point of the attached Table 11, 5, 6, 10, and 11 among the Plaintiff’s land in sequence, except in extenuating circumstances.

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