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(영문) 의정부지방법원 2020.05.07 2019가합54078
건물등철거
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 6, 2018, the Plaintiff acquired the ownership of a building with a 1,371 square meter in Gyeonggi-gun E, Gyeonggi-do and its ground, and operates a restaurant with a trade name “F” at that place (hereinafter “Plaintiff restaurant”).

On November 23, 2001, the Defendant acquired the ownership of 1/2 shares in D, 307 square meters adjacent thereto, and operates a restaurant with the trade name of “G” (hereinafter referred to as “Defendant restaurant”) at that place, and acquired the ownership of C large 115 square meters on May 25, 201.

(hereinafter referred to as “Plaintiff’s land” and “Defendant’s land” according to the possession of the above land, and when they speak each land, “land” according to the parcel number.

Plaintiff

Land is connected to the Hline of the National Highway (hereinafter “instant road”) only to the line that combines the points indicated in the attached Table 1 drawings 3 and 4 in the form of debt, and a series of the points indicated in the same drawings 3, 4, 5, and 2 is used as an access road to the Plaintiff’s land.

(hereinafter “the access road of this case”). The Plaintiff restaurant is widely constructed over a single floor building or a substantial part of the Plaintiff’s land.

The Defendant land is in the shape of an irregular form, and is located between the remaining part of the Plaintiff’s land except for the access road of this case and the road of this case, and is abutting on the road of this case as shown in the attached Form 1.

The land of the defendant is located far from the access road of this case, and among them, the defendant restaurant is located on the left side of the D land, and E is used as a parking lot.

C. Of the instant roads, Gyeonggi-si I road and five parcels, including the adjacent parts to the Defendant’s land, obtained permission to occupy and use a road (connection) as an access lane for the purpose of entering the site of factory facilities by JJ.

(hereinafter “instant state-owned land”). D.

The defendant is about 30 meters in length on the line which combines the points of Attached 1, 2, and 3 among the defendant's land and about 4, 5, and 6.

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