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(영문) 부산지방법원 서부지원 2018.04.13 2017가단111374
토지인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion is the owner of 476 square meters in Busan Northern-gu D road (hereinafter “Plaintiff’s land”). The Defendants are the owners of e-mail 284 square meters and 212 square meters in front of F, adjacent to the above land (hereinafter “Defendant’s land”). Since the part of the Plaintiff’s land, which is part of 111 square meters in the attached drawing indication, is left neglected to a block fence and soil fence, which is an illegal boundary installed by G, etc., the former owner of the Plaintiff’s land, the Defendants are obliged to remove the block fence and sand, which is left the above part of the land, and install a new boundary that is suitable for the land boundary, deliver the above part to the Plaintiff, and return unjust enrichment from the possession of the above part without permission.

2. The Defendants neglected the block fence, soil sand, etc. on the part above.

The Plaintiff’s assertion is difficult to accept, since there is no other evidence to prove that the Defendants possessed the above part, and there is no other legal or contractual basis to deem that the Defendants should remove fences and soil fences of the above block.

3. In conclusion, the plaintiff's claim against the defendants of this case against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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