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(영문) 서울서부지방법원 2017.11.01 2016가단17401
화단, 침입방지파이프 철거 및 토지인도
Text

1. The defendant shall order each point of the attached Form 1, 2, 3, 4, 5, and 1 among the land listed in the attached Table list to the plaintiff.

Reasons

1. Facts of recognition;

A. On May 4, 2009, the Plaintiff purchased the Yongsan-gu Seoul Metropolitan Government D large scale 75 square meters (hereinafter “instant land”) and its ground buildings from Yongsan-gu Seoul Metropolitan Government, and the Defendant is the owner of Yongsan-gu land and its ground buildings adjacent to the Plaintiff’s instant land.

B. Around May 2009, the Defendant arbitrarily removed fences, which divided the boundary of each land owned by the Plaintiff and the Defendant, and installed a flower and pipe on the ground of approximately 3.3 square meters in part (A) in the ship connecting each point of the land indicated in the attached Table among the land indicated in the attached Table, attached to the side walls of the building owned by the Plaintiff without permission, and attached to the side walls of the building owned by the Plaintiff.

C. On April 19, 2016, the Plaintiff continuously set up a boundary mark indicating the Plaintiff’s land through the Korea Land Information Corporation (hereinafter “the first survey”), but the Defendant removed it without permission, and the Plaintiff re-surveyed on June 7, 2016 (hereinafter “the second survey”). As such, on the ground that the Defendant did not comply with the survey, the Plaintiff again set up a boundary mark.

The defendant on March 2, 2017.

A summary order of KRW 500,000 has been issued for a crime of the same kind as stated in the preceding paragraph due to a warning violation, etc., and the above summary order is issued for the same year

3. 15. A final and conclusive date.

E. The Plaintiff and the Defendant share the rent or various construction costs associated with the dispute surrounding the land involved, as follows:

1) From May 1, 2009 to February 8, 2017, the sum of rent: 4,050,000 won for the land of this case (2) monthly rent: 57,300 won for the land of this case after February 9, 2017: 16,074 won for the removal of chemical teams and pipes installed by the Defendant: 16,074 won for the restoration of the land of this case: 424,563 won for the installation of a new boundary fence arbitrarily removed by the Defendant.

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