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(영문) 의정부지방법원 2016.02.15 2013가단61848
암석 등 수거
Text

1. The Defendant indicated in the attached Form 31 among the 2,772 square meters of woodland C forest in Gangwon-gun, Gangwon-gun, and 33.

Reasons

1. Determination as to the cause of claim

A. (i) The fact of recognition is one owned by the Plaintiff (hereinafter “Plaintiff-owned land”) with respect to the land owned by the Plaintiff (hereinafter “Plaintiff-owned land”), D & D with a size of 653 square meters adjacent to the Plaintiff’s land, and 89.28 square meters with respect to the land owned by the Plaintiff-owned land for the 19.28 square meters with respect to the land owned by the Defendant.

(2) On the ship’s land and housing owned by the Defendant (hereinafter “Defendant’s land and housing”). The Defendant occupied the land and housing owned by the Defendant and connected to the adjacent Plaintiff’s land, the part of “vii7” indicated in the attached drawing No. 31, the part of “vii7” indicated in the attached drawing No. 33, and the part of “gemine 3,” indicated in the attached drawing No. 34, and the part of “gem 3,” indicated in the same drawing No. 32, the part of “gem 3,” indicated in the same drawing No. 29,8,9,30, and 29, each of which is indicated in the same drawing No. 1, 1, 25, 26, 27, 28, and 25, in turn, connected to the part of “fem 5” in the “fem ,” connected to the part of “fem 21, 223, 24, and 21.

[Ground of recognition] without any dispute, entry and video of Gap's Nos. 1, 5, and 8 (including the number of pages), the result of the on-site verification by this court, the result of the appraiser E's survey and appraisal, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant, as the owner of the trees and rocks of this case, possessed the parts of the trees and rocks of this case, and the land owned by the plaintiff with planting and piling up, thereby hindering the exercise of the plaintiff's ownership. Thus, the defendant is obligated to collect the trees and rocks of this case from the plaintiff.

2. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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