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(영문) 춘천지방법원영월지원 2015.08.19 2014가단3004
구조물철거등
Text

1. The Defendant, in sequence, shall each point of the Plaintiff, indicated in the attached Form 1, 13, 12, 11, and 1, among the land size of 519 square meters, which is 519 square meters in Pyeongtaek-gun, Gangwon-gun

Reasons

1. Facts of recognition;

A. The plaintiff completed the registration of transfer of ownership in his name on August 2, 2006 on the real estate of this case on August 1, 2006.

B. On September 26, 2002, the Defendant completed the registration of transfer of ownership in his name on the ground of sale on September 25, 2002 with respect to the land owned by the Defendant, which was located immediately adjacent to the instant real estate, D. D. 619 square meters and E. 32 square meters (hereinafter “Defendant-owned land”). On August 29, 2005, the Defendant newly constructed two-story houses (hereinafter “Defendant-owned building”) on the land of 619 square meters located immediately adjacent to the instant real estate, Pyeongtaek-gun, Seowon-gun, Seowon-gun, Seowon-gun, and completed the registration of transfer of ownership.

C. The Defendant: (a) created a stone embankment at the edge of the pool in the land owned by the Defendant (hereinafter referred to as “structure”) by stockpiling it; and (b) part of the structure in the instant real estate, which connects each point of the attached Form 1, 13, 12, 11, and 1, is located in the area of part 10 square meters in the ship.

The Defendant used part 18 square meters in the ship which connects each point of the attached drawings Nos. 2, 3, 4, 14, and 2 among the instant real estate as an access road to the building owned by the Defendant (hereinafter “instant access road”), but is currently not using as an access road.

According to the reference documents submitted by the Defendant on July 29, 2015, the Defendant recently opened access roads to the land owned by the Defendant, and did not use the access roads of this case.

[Ground of Recognition] Unsatisfy, Gap evidence 1 through 6, Eul evidence 1 and 2 (including a satisfy number), each statement or image, the result of the verification by this court, the result of the appraiser F's measurement and appraisal

2. The assertion and judgment

A. According to the above facts, the defendant is obligated to remove the structure of 10 square meters in part of 10 square meters in the ship that connects each point of the annexed drawings among the real estate of this case to the plaintiff in sequence 1, 13, 12, 11, and 1, and deliver the above part of the land.

B. Furthermore, the Plaintiff sought the transfer of the instant real estate against the Defendant, but the Plaintiff.

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