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(영문) 서울북부지방법원 2016.09.21 2014가단18336
시설물철거등
Text

1. The transferee shall indicate to the Plaintiff the attached drawing among the 52,129 won and May 11, 2016, Seongbuk-gu Seoul Metropolitan Government D large 264 square meters.

Reasons

Basic Facts

On September 15, 1988, the Plaintiff acquired the ownership of the instant land by public auction.

On July 24, 2001, the Plaintiff acquired ownership on the instant land, and on December 12, 201, the transferee acquired ownership on the following occasions: (a) Seongbuk-gu Seoul E-do, 1098 square meters, F large 823 square meters (hereinafter referred to as “instant neighboring building”) and the two-story buildings on both sides of the ground (hereinafter referred to as “instant adjacent building”).

The instant land is in the shape of a road extending to the west from Seongbuk-gu Seoul, to the west, namely, a road extending to the west from Seongbuk-gu, Seoul, and is in contact with F, the north to the north, and the south to the south, as shown in the attached drawing.

Of the land in this case, the water supply pipes with the diameter of 20 meters in diameter are laid underground on the ground of the part (42m in length) connected in the order of the attached drawing 1, 2, and c (42m in length) among the land in this case.

[2] Article 3 subparag. 24 of the Water Supply and Waterworks Installation Act (Article 3 subparag. 24 of the Water Supply and Waterworks Installation Act) provides that “the part of the water supply pipe laid underground (42m x 20m m ) of the part laid underground.” The water supply pipe of the instant case constitutes a water supply pipe connected to the water supply pipe of the instant connected building for water supply (Article 3 subparag. 24 of the Water Supply and Waterworks Installation Act), and the water supply pipe was installed at the time of December 5, 1974 at the request of J, which was the owner of the building adjacent to the instant neighboring building, and the facilities were replaced by the Defendant’s application that was the owner at the time of April 28, 2011.

【In the absence of dispute over the grounds for recognition, Gap evidence Nos. 1 through 5 (including additional numbers), Eul evidence Nos. 1, and fact-finding with respect to the intermediate water supply business offices, the whole purport of the pleadings, but pursuant to Article 3 subparag. 24 of the Water Supply and Waterworks Installation Act and Articles 2 subparag. 1 and 5 of the Seoul Special Metropolitan City Water Supply and Waterworks Ordinance, the ownership of the water supply facilities connected to the drainage pipes (water supply business operators install and manage the water supply facilities), such as the water supply pipes in this case, is the building or land on which the relevant water supply facilities are installed.

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