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(영문) 수원지방법원성남지원 2016.07.15 2015가단23542
정화조철거 등
Text

1. The defendant shall be the plaintiff.

(a) Of the 140.5 square meters in Sungnam-si, the respective points are indicated in the attached Form 3, 4, 5, 6, 3, among the 140.5 square meters in Sungnam-si.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 79.94 square meters per floor, 2nd floor, 79.94 square meters, 79.94 square meters per 2nd floor, and 84.62 square meters per 84.62 square meters per 2nd floor (hereinafter “the Plaintiff’s land and building”). The Defendant is the owner of D large 141.4 square meters adjacent to the Plaintiff’s land, and 84.00 square meters per 2nd 84.00 square meters per 2nd 84.00 square meters per 2nd 84.00 square meters per 3rd 84.00 square meters per 3rd 84.0 square meters per 48 square meters per 84.48 square meters per 5th 76.08 square meters per 28.52 square meters per 282 square meters (hereinafter “the Defendant’s land and building”).

B. However, among the Plaintiff’s land, facilities, such as septic tanks, are installed in the area of 3 square meters inside the ship which connects each point of the attached Form Nos. 3, 4, 5, 6, 3, and 3, among the areas of the Plaintiff’s land (hereinafter “instant facilities”).

C. The Plaintiff installed a wooden stairs on the instant facility, and thereby passes through the Plaintiff’s land and building as a contribution.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, result of survey and appraisal by appraiser E, purport of whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the defendant owned the facility of this case installed on the plaintiff's land without a legitimate title, thereby hindering the plaintiff's exercise of ownership as to the site of this case. Thus, the plaintiff is obligated to remove the facility of this case and deliver the site of this case to the plaintiff.

B. 1) The Defendant asserts that the instant facilities are installed on the Defendant’s land. However, as seen earlier, the instant facilities are installed on the part of 3 square meters in the ship connected each point of the Plaintiff’s land in sequence with the indication of the attached drawing Nos. 3, 4, 5, 6, 3, and 3. As seen in the foregoing, the entries of the evidence Nos. 2, B Nos. 4 through 8, and B Nos. 10 through 15 are insufficient. The Defendant’s assertion is without merit, and the instant facilities are installed on the part of 3 square meters in the Plaintiff’s land.

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