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(영문) 창원지방법원 2020.05.14 2019가단111779
소유권방해배제 등 청구의 소
Text

1. Defendant C, among the 2,161 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,00 m2,000,000,00

Reasons

1. Basic facts

A. The Plaintiff purchased the instant land on August 16, 2017 and completed the registration of ownership transfer on September 4, 2017.

B. E purchased on October 5, 1965 the FJ 702 square meters (hereinafter “Adjoining land”) from the Kimhae-si, the neighboring land of this case, and completed the registration of ownership transfer on February 24, 1984. After the death of E, Defendant B completed the registration of ownership transfer on April 18, 2019 due to inheritance by consultation or division.

C. Defendant C purchased each of the remaining 1/2 shares on July 30, 2010 with respect to the second class neighborhood living facilities and automobile-related facilities on the land adjoining to the adjacent land, 116.2 square meters (hereinafter “instant building”).

Defendant C, while operating the Deputy Director on the lease of adjoining land from Defendant B, has installed and occupied assembly-type panels and studs on the ground of the part of the ship (hereinafter referred to as “part of the ship”) connected in sequence of each point of indication 1, 2, 3, 4, 5, and 1 of the attached drawings among the instant land.

(b)In the part of a ship, concrete floor packages are on the ground.

[Ground of recognition] Unsatisfy, Gap 1-1, 2-1, and 9-3; the result of the measurement and appraisal by the Korea Land and Land Information Corporation Kim Jong-3; the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Since Defendant B, the owner of the land adjacent to the Plaintiff’s claim, is obligated to remove the concrete floor packaging installed on the ground beyond the adjoining land, the above floor packaging is to be removed and the part on board (b) is to be transferred.

In addition, in order to implement the conditions of permission when constructing a building on the ground of the instant land, the Plaintiff has to plant landscaping trees in the part on the ship, and due to the concrete floor packaging, the Plaintiff did not plant landscaping trees on the roof and paid KRW 209 million at the expense. As such, the Plaintiff is also liable for damages of KRW 20.9 million.

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