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(영문) 대전지방법원 2017.08.29 2016나111476
시설물철거
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order to remove below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff holds 1/9 shares out of 36,905 square meters of forest B in Dong-gu, Nam-gu (hereinafter “instant forest”).

B. Around 1982, the Defendant purchased K forest land adjacent to the instant forest (hereinafter “the Defendant’s forest”) and installed Lwater Purification Facility on the surface of the forest owned by the Defendant in around 1984, and owned and managed the said facilities up to the present. On the ground of the instant forest land, the Defendant’s land is indicated in the attached drawings (1), (2), (3), (4), (5), (6), (7), (8), (8), (8), (4), (4), and (4) height of 2.4m above the ground on board, 374m above the part of the Defendant’s forest land connected each point, (a) height of 374m above the 374m above the ground, 42m above the length, 4.5m above the steel fence and height of 30m above the length, and the same drawings (9), (1), (2), (2), (3), (1), (1), (3), (4), (1), (4), (3), (4), (9), and (1) height of the area within 15m) height of the ground.

[2] The above steel network fence and concrete retaining wall are "No. 1 of this case", "No. 2 of this case", and "No. 2 of this case" and "No. 1 of this case" are "No. 1 of this case's land" and "No. 2 of this case's land" and "No. 1 of this case's land" are combined with each of the above land.

Around 209, the Defendant came to know that the instant facilities were installed on the instant dispute land, not on the land owned by the Defendant, while conducting a boundary survey.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 3 (including the number of branch offices; hereinafter the same shall apply), the result of the measurement and appraisal commission to the Korea Land Information Corporation branch offices in the first instance court, the purport of the whole pleadings

2. The plaintiff is one of the co-owners of the forest of this case, and the defendant is the owner and manager of the forest of this case, and the defendant is part of the forest of this case.

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