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(영문) 창원지방법원 마산지원 2018.01.25 2017가단101518
건물등철거
Text

1. The plaintiff

A. The defendant has each point of the attached reference indicated in the attached Form 2, 11 among the 19m2 in the Changwon-si, Changwon-si Co., Ltd. C.

Reasons

1. Determination as to the cause of claim

A. 1) On March 24, 2017, the Plaintiff is entitled to the Plaintiff’s land 19 square meters in Yongsan-gu, Yongsan-gu, Seoul (hereinafter “Plaintiff’s land”) due to the compulsory sale by official auction on March 24, 2017.

On March 27, 2017, the Plaintiff acquired ownership and completed the registration of ownership transfer under the Plaintiff’s name. 2) The Defendant owns two-story housing of brick slickbro (hereinafter “Defendant’s housing”) on the D ground adjacent to the Plaintiff’s land, Changwon-si, Changwon-si, Seoul. The Defendant obtained approval for use on November 19, 190, and the Defendant completed the registration procedure for ownership transfer on the Defendant’s housing on June 25, 199.

However, among the Defendant’s housing, the fence installed on the line that connects each point of 2,11’s attached reference, and the fence installed on the line that connects each point of 8,7,6, and5’s reference also to the same reference, and the gate installed on the line that connects each point of 12, 13, 14, 15, and 12’s reference also are all constructed on the ground of the Plaintiff’s land (hereinafter “Plaintiff’s land wall, gate part”), and most of the Plaintiff’s land are located inside the above gate and fence, and are used as the end of the Defendant’s housing.

3) The amount equivalent to the rent from around March 24, 2017 for the Plaintiff’s land is KRW 15,960 per month. [The fact that there is no dispute over the grounds for recognition, the evidence Nos. 1 to 6, the result of the request for a survey and appraisal by the Vice-Governor of the Korea Land Information Corporation, the result of the request for a survey and appraisal by the court for a fee appraisal by sight appraisal corporations of this court, the purport of the entire pleadings.

B. According to the above facts of recognition, the Plaintiff, as the owner of the Plaintiff’s land, may file a claim for the exclusion of disturbance with the Defendant pursuant to Article 214 of the Civil Act. Thus, the Defendant is obligated to remove the part of the Plaintiff’s land’s ground wall and gate

In addition, the defendant uses the plaintiff's land, thereby gaining a profit equivalent to the rent and causing damages equivalent to the same amount to the plaintiff.

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