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(영문) 대구지방법원 2016.09.22 2016가단803
담장철거등
Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 5, 6, and 1 among the land size of 133 square meters in Busan Metropolitan City.

Reasons

1. On December 8, 1990, the Plaintiff completed the registration of ownership transfer on the ground of sale on November 26, 1990 with respect to the land of 133 square meters (hereinafter “instant land”).

On December 27, 2003, the Defendant completed the registration of ownership transfer on the ground of sale on December 10, 2003 with respect to the portion of 430/546 square meters among 546 square meters in Busan Metropolitan City, where the boundary between the instant land is attached.

(formerly, D. D. 546m2, which is the remainder of 116/546m2, is E). The Defendant independently owned a house with D. D. 546m2 and F. 691m2 on the ground (currently destroyed) located on the side adjacent to the instant land, and a part of the soil fence of the instant land was abandoned, and a fence was installed as a prefabricated panel on the ground of 34m2.2m2 in the instant land.

[Ground of recognition] A without dispute, the entries in Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1 and 2 and the video Nos. 2.2. Determination of the land of this case are land owned by the plaintiff. Since the defendant installed a fence on the land of this case with a prefabricated-type panel on the land of 34 square meters in part of "bb" in the land of this case, the defendant can oppose the plaintiff's claim only when asserting and proving the right to possess 34 square meters in part of "b" in the land of this case. Since the defendant did not assert and prove it, the defendant has a duty to remove the fence installed on the land of this case on the part of 34 square meters in part of "b" in this case and deliver part of the land to the plaintiff.

3. If so, the plaintiff's claim is reasonable and accepted.

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