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(영문) 대전지방법원논산지원 2016.08.11 2015가단1881
시설물 철거 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

(a) Attached 2 Cadastral editing map No. 2 is the land indicated on the top of the point indicated A, a red leaple line, and the E-vis 879 square meters owned by the Defendant C

(hereinafter “instant land 1”). Attached 2 Cadastral editing map No. 2 is the land indicated as a red leap line immediately next to the point immediately adjacent to the Defendant C’s birth, which is the F. F. F. 103 square meters, Chungcheongnam-gun, Chungcheongnam-do, Defendant C’s birth.

(hereinafter “instant land No. 2”). Defendant C resides in the instant land-based housing, and Defendant D resides in the instant land-based G-based housing located in Chungcheongnam-gun, Chungcheongnam-do adjacent to the north of the instant land.

In addition, H, another type of punishment of the Defendants, is residing in the first ground housing of the Chungcheongnamnam-do adjacent to the northwest of the land of this case.

B. As seen in the Appendix 2, there was a passage of approximately 3.2 meters in width from the original point A to the point B, as seen in the Appendix 2.

The Plaintiff A resides in the land of the JJ in the Chungcheongnam-gun, Chungcheong with H’s housing and opposite to H’s above passage (the Plaintiff is the owner of the land and the housing), and Plaintiff B resides in the house of the K ground of the Chungcheongnam-gun, Chungcheong with the north immediately adjacent to H’s housing.

(Plaintiff B is the owner of the land).

The portion (1) part (1) on the ground of the instant land (80 square meters in succession to each point listed in attached Form 4-12 and 4) among the roads in which the attached cadastral editing map No. 2 connects A and B, shall be set up on the ground of the instant land. There are iron and cement structures installed on the floor in order to prevent the passage of vehicles by Defendant C, and there are soil bags accumulated on the floor by Defendant C.

As a result, the above (i) part may only be used, but the vehicle shall not pass.

[Attachment 2] From the vicinity of the boundary between Defendant D’s housing and Plaintiff B’s housing to the direction of the branch indicated in Annex B, Annex 1.

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