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(영문) 대구지방법원경주지원 2015.09.22 2014가단898
토지인도 등
Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached Form 1 drawings on the Plaintiff (Counterclaim Defendant) in attached Form 9, 7 out of the 136 square meters in racing-si D major 136 square meters.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 136 square meters (hereinafter “Plaintiff-owned land”). The Defendants are the owners of each 1/2 share of 1/2 of the E-type E-type 215 square meters (hereinafter “Defendant-owned land”) adjacent to the Plaintiff’s land.

B. The Defendants installed a steel 2m width and a height of 1.8m on the line connecting each point in the separate sheet No. 9 and 7 among the Plaintiff’s land, and installed a steel gate with a height of 1.8m on the line connected each point of the separate sheet No. 1m among the Plaintiff’s land owned by the Defendants, and installed a part of 1m2 in a ship connected each point of the same map No. 3,4,10, and 3 in sequence among the land owned by the Plaintiff.

C. The block walls of the housing owned by the Plaintiff, other than the block walls of the housing owned by the Defendants, are 2 square meters in part (c) part (c) in the ship, which successively connects each point of the attached Form 2 drawings No. 1, 2, 13, 12, 11, 10, 8, 7, and 1 among the land owned by the Defendants.

[Ground of recognition] A without any dispute, Gap's evidence 1, 2, 3, Eul evidence 1, 2, 3-1 and 3-2, Gap evidence 4-1, Gap's on-site verification result, appraiser F's each survey and appraisal result, and the purport of the whole pleadings

2. According to the above facts of recognition as to the claim of the main claim, the Defendants are obligated to remove the said main gate and the 1m2 square meters of the said string roof to the Plaintiff, and to deliver the said 2m2 of the Plaintiff’s land to the Plaintiff.

3. Judgment on a counterclaim

A. According to the fact that the above (c) part of the attached Form 2 drawings and the above part of the claim for the removal of the outer wall of the above (c) and the above part of the claim for delivery of the above land, the Plaintiff is obligated to remove, among the attached Form 2 drawings, 2m2 of the above (c) part of the block wall other than the above c (c) part of the ground block

As to this, the part for which the Defendants sought removal is the outer wall of the main body of the building, and the occupied area is limited to two square meters, and in view of its location and form, the degree of obstructing the Defendants’ exercise of ownership is extremely weak, while the Plaintiff removes the said part, the main body of the building.

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