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(영문) 창원지방법원 2017.08.31 2015가단84183
담장철거 등
Text

1. The Defendant points out each of the marks 1, 2, 3, 19, 20, 9, 10, 10, and 1 of the attached Form No. 1, 2, 3, 19, 20, 10, 10, and 1 of the Plaintiffs

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the first basement, second basement, second basement, second apartment building (hereinafter referred to as “instant commercial building”), second basement, second apartment building (Plaintiff A), Hhoho (Plaintiff B), Lho (Plaintiff C), Mho (Plaintiff D), and Nho (Plaintiff E) stores in Changwon-si (hereinafter “each of the instant stores”).

B. In the auction procedure on April 17, 2015, the Defendant acquired the ownership of the land of 107 square meters in Changwon-si, Changwon-si, which is adjacent to the part of the entrances of the instant commercial parking lot (this land was divided into G large scale 98 square meters and O large scale 9 square meters on November 25, 2015), P large scale 36 square meters, and Q large scale 68 square meters.

(hereinafter referred to as "individual land" shall be specified as a parcel number, and when combined the above land, it shall be referred to as "each land of this case".

Each land of this case has been used for a long time as an access to the commercial building of this case, neighboring residents, and the general public, which is a road adjacent to the general road (road and delivery).

On July 2015, the Defendant set up a steel fence (hereinafter “the steel fence”) on the boundary part of the said G land and prevented users of the instant commercial building from passing through the G land.

E. R, which rents a part of the instant commercial building, filed an application with the Defendant for a provisional disposition seeking confirmation of the right to passage on the instant steel fence and the right to passage on the instant commercial building in sequence with each point listed in the separate sheet Nos. 1, 2, 3, 19, 20, 9, 10, 10, and 1. The relevant court made a provisional disposition of the provisional disposition on January 15, 2016. The main contents of the decision are as follows.

(hereinafter “the instant provisional disposition”). 1. The debtor (the defendant) removed the steel fence installed on the line connecting each point of 20, 9, 10, 10, 1, 2, 3, and 19 of the attached Form Nos. 20, 2, 3, 19, 20, 9, 10, 10, and 19, from among the G G 98m2 in Changwon-si's window G 98m2 within three days from the date of service of the instant order, and connects each point in the attached Form No. 1, 2, 3, 19, 20, 9,

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