Text
1. The Defendant: (a) among the land size D 397.5 square meters in Seo-gu, Seowon-gu, Seowon-gu, Chungcheongnam-do, Chungcheongnam-do; and
(a)attached Form 8, 9, 16, 15.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. On May 7, 2019, the Plaintiffs related to the ownership of the relevant land (i.e., the fact of recognition) are D 397.5 square meters (hereinafter “instant land”) in Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.
() On April 18, 2019, with respect to one half of each share, the registration of ownership transfer in the name of the Plaintiffs was completed due to inheritance by consultation and division on April 18, 2019. The Defendant completed the registration of ownership transfer in the name of the Plaintiffs on January 17, 2007, Seowon-gu, Seowon-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the adjoining land of this case (hereinafter “Adjoining land”).
(2) The building of this case (hereinafter referred to as “instant building”) was purchased and registered for the transfer of ownership in the future of the Defendant, and the five-story building on adjoining land
After the new construction, the defendant completed the registration of preservation of ownership on July 3, 2008.2) The defendant had constructed the building of this case and executed the registration of preservation of ownership on July 3, 2008.
A concrete retaining wall was installed in the area of 0.2 square meters in a ship (B) and an order No. 1.b.
In the ship's (Da) section 3.4 square meters, 30 cm high in the ship's (3.4 square meters), the attached appraisal map is marked 6 through 14, 5, 15, 17, and 6 shall be occupied in the ship that connects each point in sequence.
[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 2, each entry of Eul evidence 4, each of Eul evidence 4 (including branch numbers), the results of the appraiser F's survey appraisal and supplementary survey appraisal, the purport of the whole pleadings
B. The Defendant, as the owner of the instant land and building, is obligated to remove a concrete retaining wall on the ground part of the instant land, and collect earth and sand at a height of 30 centimeters above the above part of the ground part of the instant land, and deliver each of the aforementioned parts to the Plaintiffs, who sought the exclusion of disturbance as the owner of the instant land and building, in sequence with each of the items indicated in the attached Table 6 through 14, 5, 15, 17, and 6.
2. If so, the plaintiffs' claim of this case is reasonable, and it is accepted, and as to the bearing of litigation costs, Articles 98 and 99 of the Civil Procedure Act are applied.