(영문) 서울중앙지방법원 2017.02.23 2016가단5025747

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(영문) 서울중앙지방법원 2017.02.23 2016가단5025747

토지인도

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

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

Reasons

1. The facts subsequent to the facts of recognition may be acknowledged either in dispute between the parties or in addition to the statements and images of Gap evidence 4-1, 2, Eul evidence 6-1, Eul evidence 7-2, Eul evidence 6-2, and the whole purport of arguments as a result of on-site inspection by this court.

The plaintiffs are owners of each real estate listed in the separate sheet (hereinafter referred to as the "Plaintiffs' land"), their ground houses and warehouses. The Defendants are owners of the instant road and E site adjacent to the Plaintiffs' land and E site adjacent thereto, and the instant road is linked to the access road to enter the above site and housing owned by the Defendants, and the land of the Plaintiffs.

B. The Defendants, with the consent of the Plaintiffs around May 201, laid down the instant road and the land of the Plaintiffs at approximately KRW 50cm at intervals of about 2.5 meters high (part of the above trees was planted on the land of the Plaintiffs, and the Defendants were transplanted to the instant road in entirety during the instant lawsuit proceeding; hereinafter referred to as the “instant trees”), based on the fact that there was the highest height of about 3.5 meters from the date of closing the pleadings of the instant case, based on the boundary marks on the instant road and the land of the Plaintiffs.

C. All the costs of removing the existing boundary fence and planting the trees of this case were borne by the Defendants.

On the other hand, the land of the plaintiffs is located on the south-east side of the Han River, and the road of this case is located on the south-east side of the land of the plaintiffs, and the housing above the plaintiffs' land is constructed on the north-west side to the Han River, and the trees of this case are planted on the rear side of the above housing, and the remaining trend of the plaintiffs' land remains.

The plaintiffs' land inside the trees of this case is higher than the trees of this case, and there are many trees.

2. Determination as to the cause of action

A. The plaintiffs asserted as follows due to the item of this case.

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