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(영문) 부산지방법원 2015.12.23 2014나46799
소유권에 기한 방해 배제 청구의 소
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The plaintiff is the owner of the Busan Jung-gu C site (hereinafter "the plaintiff's side site"), and the defendant is the owner of the adjacent Busan Jung-gu D site (hereinafter "the defendant's side site") and its ground building (hereinafter "the defendant's side building").

B. In the Defendant’s side building, there are the parts enclosed by the walls and protrudings as shown in the annex No. 2 (2, 3, and 4). Among them, among them, the above drawings indicating 0.3 square meters, which are installed according to the boundary line between the Plaintiff’s land and the Defendant’s land on the side, were installed on the part of the instant dispute, and from around 1985, it was installed on the Plaintiff’s side.

[Attachment 1] The building constructed by the Plaintiff on the Plaintiff’s side site (current, removed by the Plaintiff);

hereinafter referred to as “Plaintiff’s side building”

c) is the body of the body of the Party.

The defendant's building acquired ownership on April 14, 1987 by E and transferred its ownership on November 6, 1996 to the defendant, and the defendant has occupied it until now.

[Ground of Recognition] A without dispute; Gap evidence Nos. 5, 6, 17, 19 (including paper numbers; hereinafter the same shall apply); Eul evidence Nos. 1 and 2; Eul’s testimony and video; the testimony of the witness F of the first instance court; the result of the commission of surveying and appraisal to the Korea Land Information Corporation for the first instance trial on July 3, 2014; the result of the commission of surveying and appraisal to the Korea Land Information Corporation for the first instance trial; the purport of the entire pleadings;

2. Determination as to the cause of claim

A. 1) Party’s assertion 1) The wall corresponding to the dispute part of the Plaintiff’s assertion (attached Form 2) was installed by the Plaintiff’s decedent in order to support the wall body (the wall No. 1 indicated in the above drawing) of the Plaintiff’s building on the part of the Plaintiff. The owner of the Defendant or the building on the part of the Defendant’s side occupied another wall (the above drawing No. 3, No. 4, and the building on the part of the Plaintiff, without permission. As long as the Plaintiff removed the Plaintiff’s building on the part of the Plaintiff, the sole occupant of the above wall is the sole occupant.

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