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(영문) 청주지방법원 영동지원 2018.06.15 2017가단352
토지인도 등
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 764 square meters in the 7, 21, 26, 25, 24, 23, and 7 of the annexed drawing among the land size of 764 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Determination as to the cause of claim

A. Determination 1 on the claim for the removal of waterway pipes, the transfer of land, and the return of unjust enrichment) 1 through 5, and considering the overall purport of the pleadings as a result of each appraisal by an appraiser corporation, central appraisal corporation, and the Korea Land Information Corporation, the following facts are recognized. A) The Plaintiff is the owner of the 764 square meters and 49 square meters prior to D, Chungcheongnamcheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-gun, and the Defendant is the owner of the 764 square meters and the 499 square meters prior to D, and the Defendant is a person who operates the “G” from E

B) In operating G, from July 20, 2005 to June 2017, the Defendant occupied a household building on the ground of 126 square meters and 85 square meters of land owned by the Plaintiff, among the land owned by the Plaintiff, or by piling up wastes. Meanwhile, from July 20, 2007 to July 19, 2016, the rent from July 20, 2007 to July 19, 2016, the Defendant was KRW 552,00 of the attached drawings among the land owned by the Defendant. (C) The Defendant: (a) connected each of the items (a) of the part of the land owned by the Plaintiff, which is linked in sequence to each of the items of 7,21,26,25,24, 23, and 7, and the part of the land owned by the Defendant, and (b) was laid off by the number of square meters in the ship.

2. According to the above facts, the defendant is obligated to remove from the plaintiff the pipes laid down on the part of 7, 22, 23, and 7 of the annexed drawings among the land in the ship that connects each point of 7, 21, 26, 25, 24, 23, and 7 of the annexed drawings among the land in the order of each point of 14 square meters and D land in the order of each point of 7, 22, 23, and 3 square meters of the annexed drawings, and to pay 52,00 won as claimed by the plaintiff with return of unjust enrichment.

B. As to the claim for prevention of disturbance, the Plaintiff asserts that there is a duty to take measures to prevent the flow of water with the land owned by the Plaintiff after removing the waterway.

The land owner shall not interfere with the natural flow of water coming from adjoining land under Article 221(1) of the Civil Act. The defendant removed the waterway of this case and then the plaintiff.

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