logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2018.09.05 2017가단55386
수목경계석 등 철거 및 토지인도청구
Text

1. The defendant shall display 5, 36 through 40, and 5 of the annexed drawings among each real estate listed in the annexed list 1 and 2 to the plaintiff.

Reasons

1. Facts recognized;

A. The Plaintiff owns the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each land of this case”) and the Defendant owns the real estate listed in the separate sheet No. 3 (hereinafter “the adjacent land of this case”) adjacent to the land of this case.

B. The Defendant owns trees, boundary stone, and gates installed over the two sides of the land adjacent to each of the instant land, and the location and area of each of the instant land part on each of the instant land (hereinafter referred to as the “each of the instant land erosion”) shall be as set out in paragraph (1) of this Article.

[Ground of Recognition] A without dispute, entry or video of evidence Nos. 1 through 5, the result of the measurement and appraisal commission to the chief of the Korea Land Information Corporation and the branch offices of both Korea Land Information Corporation, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the Plaintiff, as the owner of each of the instant lands, may seek the exclusion of disturbance against the Defendant who possesses each of the instant land by owning each of the instant erosion on the ground.

Therefore, barring special circumstances, the Defendant is obligated to excavate, remove, or remove the ground surface of each of the instant erosion to the Plaintiff and deliver the instant land to the Plaintiff.

B. The defendant's argument regarding the defendant's assertion is not so significant in the area of each part of the land of this case, and since the plaintiff provided the cause of the dispute, it cannot respond to the claim of this case. However, even if the above assertion is acknowledged, it is insufficient to recognize that the defendant has a legitimate right to possess each part of the land of this case among each part of the land of this case, and there is no other evidence to acknowledge that

C. In the lawsuit, the defendant is obligated to excavate, remove, or remove each of the lands of this case, which was established in each of the lands of this case, and deliver each of the lands to the plaintiff.

3. We decide to accept the Plaintiff’s claim of this case on the grounds of its reasoning.

arrow