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(영문) 의정부지방법원 2016.08.18 2015나7016
수목반출처분 및 토지원상복구
Text

1. Of the instant lawsuits, the part concerning the attorney fees of the first instance court added in the trial room and the claim for the cost of attendance at the date shall be dismissed.

2...

Reasons

1. Presumed facts

A. The Plaintiffs related to land ownership are co-owners of 3,181m2 (hereinafter “Plaintiffs’ land”). Plaintiff (Appointed Party) owns shares of 866.94/3181m2 (hereinafter “Plaintiffs’ land”), and the Selection B owns shares of 2314.06/3181m2, respectively.

The Defendant is the owner of E field, E, 4,108 square meters adjacent to the Plaintiffs’ land (hereinafter “Defendant’s land”).

B. Since March 2012, and around March 2013, the Defendant installed a molding construction project and a drainage channel for the Defendant’s land on two occasions, and covered the soil even between the bridges constituting the boundary between the Plaintiffs and the land.

At the border of the plaintiffs' land and the defendant's land, there were cement pipes installed in the Korea Rural Community Corporation connected to the waterway, and the defendant buried water pipes, which amount to approximately 2.5m of water at the time of the above molding construction, and directly connected to the entrance of the above drainage hole.

C. On January 20, 2015, after the on-site inspection by the first instance court, the Plaintiffs installed a drainage pipe, and installed a drainage pipe on the boundary line between the Plaintiffs’ land and the Defendant’s land, and confirmed the drainage pipe directly connected to the entrance of the said drainage pipe, cut part of it, and connect the Plaintiffs’ drainage pipe to the said drainage pipe.

[Ground of recognition] Each statement or image of Gap evidence Nos. 3 through 13, 24, 25, 27, 39, 41, 42, 43, 44, and 45 (including a serial number, if any; hereinafter the same shall apply)

2. The Defendant asserted that the Defendant buried part of the Defendant’s land and the Plaintiffs’ land over two occasions, including March 2012 and March 2013, and carried out construction of drainage pipes.

However, after the defendant's above construction, water flows naturally through the drainage hole installed by the Korea Rural Community Corporation from the land of the plaintiffs.

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