(영문) 전주지방법원 2019.05.03 2018가단8356

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(영문) 전주지방법원 2019.05.03 2018가단8356

건물등철거

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

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The Plaintiff is the owner of 1,078 square meters (hereinafter “instant land”) in Yansan-gu, Jeonju-si and 1,078 square meters in Masan-gu, Jeonju-si (hereinafter “the instant land”).

B. The Defendant B’s council of occupants’ representatives (hereinafter “Defendant B’s council”) shall install a steel fence of 13 meters (hereinafter “the instant steel fence”) connected each of the 3,4,5, and 3 meters connected each of the 3,000 square meters of the same drawings among the land No. 1 of this case to the (Ga) part of the instant land connected with the indication of drawings No. 8,9,10,11, and 8 in sequence. The Defendant B’s council of occupants’ representatives (hereinafter “Defendant B’s council”) shall possess the portion of 33 square meters in the ship (b) connected each of the 3,4,5, and 3 points in sequence among the land No. 1 of this case.

C. Defendant C installed a fence of 2.5 meters (hereinafter “instant fence”) which connects each point of 14,15 of the same drawings among the land No. 2 of this case, in sequence. D.

After the filing of the instant lawsuit, the Defendant’s council of occupants’ representatives removed the instant unauthorized building and steel fence, and delivered the portion of (b) of the instant land No. 1 to the Plaintiff, and the Defendant C removed the instant fence.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's primary claim 1) The defendant council of occupants' representatives established the building without permission of this case and the steel fence on the land of this case owned by the plaintiff, and occupied the part (B) out of the land of this case. The defendant C installed the wall of this case on the land of this case owned by the plaintiff 2. Thus, the plaintiff's council of occupants' representatives, exercising the plaintiff's right to claim the removal of interference with the ownership, remove the building without permission of this case and the steel fence and deliver (B) out of the land of this case 1.

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