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(영문) 대구지방법원 2019.09.27 2018가단21941
담장철거 등
Text

1. The Defendant, in turn, has each point indicated in the attached Form No. 1, 2, 3, 4, 5, and 1 among the land size of 2,047 square meters in Gyeongju-gun, Gyeongbuk-gun.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer based on sale on February 7, 2009 with respect to 2,047 square meters (hereinafter “Plaintiff’s land”) prior to D, Gyeongbuk-gun, Chungcheongnam-do.

B. The Defendant completed the registration of ownership transfer on December 1, 2012 with respect to the land of 1,712 square meters (hereinafter “Defendant’s land”) adjacent to the Plaintiff’s land, which was based on donation.

C. The Defendant, among the Plaintiff’s land, installs a wall (hereinafter “instant wall”) on the part connecting each point of the Plaintiff’s land, which is indicated in the separate sheet Nos. 1, 2, 4, 5, and 1, and occupies a part of 18.8 square meters in the ship connected each point of the same map No. 1, 2, 3, 4, 5, and 1 (a) (hereinafter “instant dispute part”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to remove the fence of this case on the ground of the dispute part of the plaintiff's land and deliver the dispute part of this case to the plaintiff who seeks the removal of interference based on the ownership of the plaintiff's land.

3. The plaintiff's claim is reasonable and acceptable.

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