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(영문) 대전지방법원 2018.09.12 2017가단7108
담장 원상복구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Daejeon Dong-gu Daejeon Special Metropolitan City C. 143.7 square meters and its ground buildings and E roads 16.2 square meters are owned by F. The adjacent D. D. 135.6 square meters are owned by G. The third floor of the ground is owned by the Defendant.

(The location of each land shall be see Attached 2.B.

The details of transfer registration of ownership of each of the above lands and housing are as follows:

(hereinafter referred to as "land") No. 1-2 is used as access roads for land No. 1-1.

The details of lot number transfer Nos. 11-1 C - the building that will be transferred to F on June 13, 1989, and the building 1-2 E road 2D - the building that will be transferred to G on July 20, 2016 - the building that will be transferred to G on December 12, 2016.

C. The F died on April 26, 1999, and the Plaintiff is one of the heirs of F.

[Grounds for recognition] The items in Gap evidence Nos. 1, 2, 5 through 8, and the purport of the whole pleadings

2. The parties' assertion

A. On the boundary of land No. 1-2 and land No. 2, a fence jointly owned by the Plaintiff and the Defendant was installed, as shown in the drawings No. 1. However, during the construction of a new house on land No. 2, the Defendant removed the fence installed on the said boundary without the Plaintiff’s permission, and damaged the fireproof and sidewalk block owned by the Plaintiff. 2) The Defendant is obligated to restore the said fence, etc. to its original state or pay expenses incurred in restoring the fence, etc. to its original state.

B. Defendant’s assertion 1) It was true that the former owner or the former owner of the above land newly constructed a house on the ground of land No. 2, and left the wall on the ground of land No. 2 for the boundary of land No. 2 and land No. 1 (in particular, for the purpose of distinguishing between the part of land No. 1-2 and the part of land No. 2 used as an access road to land No. 1-1).

3. Determination A.

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