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(영문) 대전지방법원천안지원 2016.08.17 2015가단21208
오수관등 철거
Text

1. The part of the line that connects the Plaintiff with the indication of the attached Form No. 1 and the part that connects the branch B among the area of 268 square meters in Seocho-gu, Seoan-gu.

Reasons

1. Basic facts

A. On August 8, 2011, the Plaintiff completed the registration of ownership transfer as to 1/2 of equity shares among the land in the Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu (hereinafter “instant land”). On December 17, 2012, the Plaintiff completed the registration of ownership transfer as to 1/2 of the remainder of equity shares among the instant land.

B. Of the instant land, the part of the line connecting the two points is as indicated in the separate drawing A, 20m water supply pipes of 25m water supply pipes of 25m (hereinafter “PE water supply pipes”), Da, PVC 100m sewage pipes of 22m water pipes (hereinafter “PVC sewage pipes”), 2.5m high pipes of cement 50m high pipes (hereinafter “cement pipes”), and 19.5m high pipes of 250m high pipes (hereinafter “PE pipes”), and the part of the line connecting the branch of the instant land is laid underground in the line connecting the branch of D, and the part of the line connecting the branch of the instant land is laid underground of the PE 250m high pipes (hereinafter “PE pipes”), and the aforementioned excellent pipes and sewage pipes in total.

In around 2008, the Defendant respectively installed the PE waterworks pipes, the PVC sewage pipes, and cement excellent pipes on the instant land without consultation with the owner of the instant land.

C. PVC sewage pipes, cement pipes, and PE superior pipes are used for the drainage of the Seo-gu, Seo-gu and D land (hereinafter “C and D land”) located in the notification adjacent to the instant land.

On May 2016, the defendant released the connection of the PE waterworks center according to the plan for relocation of the waterworks center.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, 3, 4, 5, 6, 10, and the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the defendant has a duty to remove the PE waterworks pipe, the PVC sewage pipe, and cement pipes on the land of this case owned by the plaintiff, and thus, barring special circumstances, the plaintiff is obligated to remove the PE waterworks pipe, the PVC sewage pipe, and the cement pipes.

The plaintiff also has PE pipes at the time when the defendant laid a cement superior in around 2008.

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