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(영문) 서울동부지방법원 2017.01.25 2014가단42364
시설물철거등
Text

1. The part concerning the claim for payment of money among the instant lawsuit and the part concerning the claim for removal of windows and fences shall be dismissed.

2. The defendants are the defendants.

Reasons

1. Basic facts

A. On December 6, 1994, the Plaintiff completed the registration of transfer on the ground of sale on October 6, 1994 with respect to the land of 1,5,4,6,7,7,8,99,9, and the building of 2nd floor and 158 square meters (in the order of indication 1,5, 4, 6, 8, 9, and 1 of the attached drawings; hereinafter the Plaintiff’s land) and the building of 2nd floor and 1st floor (hereinafter the Plaintiff’s building) on the ground of the purchase and sale, and thereafter residing in the Plaintiff’s building from that time.

B. On February 26, 1975, Defendant B completed the registration of ownership transfer on February 25, 1975 with respect to E, 129 square meters (the part on the ship connected with each point of the above map Nos. 1, 2, 3, 4, 5, and 1 in sequence; hereinafter “Defendant B’s land”) and completed the registration of ownership transfer on the ground of sale on February 25, 1975, construction of a single-story housing building on the ground, but completed the registration of ownership transfer by removing the above building thereafter and constructing a three-story neighborhood living facilities and multi-family housing building (hereinafter “Defendant building”) on the Defendant’s land on June 19, 1987.

C. Defendant C is operating a restaurant in the name of F by leasing the first floor store among the Defendant’s buildings from Defendant B.

Plaintiff

Land and the Defendant’s land are adjoining one another, and the boundary line is the line that connects each point of the above map Nos. 1, 5, and 4 in sequence, and a fence (hereinafter “the wall of this case”) is installed on the upper line that connects each point of the above map Nos. 15, 16. On the boundary line of the Plaintiff’s land and the Defendant’s land, about KRW 6c meters within the direction of the Plaintiff’s land, and about KRW 16 in the above map Nos. 16 in the direction of the Plaintiff’s land and the Defendant’s land are located within about 4c meters in the direction of the Defendant’s land.

E. From June 2014, the Defendants installed the Rotterdam Panel and the rainwater metal panel, boiler doer lines, windows, etc. on the wall of this case and used the space between the wall of this case and the wall of the Defendant’s building as part of the above cafeteria cafeteria operated by Defendant C. The Defendants indicated the above Rotterdam 26,27,28,29, and 26 respectively.

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