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(영문) 인천지방법원 2017.06.13 2015가단53116
건물철거 등
Text

1. Defendant Incheon Metropolitan City:

A. The annexed drawings 8, 9, 10, 11, 11 are indicated on the ground of 1,388 square meters of forest land B in Incheon po-gun.

Reasons

1. Basic facts

A. (i) The forest land owned by the Plaintiff was originally owned by the Plaintiff’s original unit D. Since the Plaintiff received a donation from the Plaintiff and completed the registration of transfer around September 5, 201, the forest land owned up to now.

(However, as seen later, the above forests and fields change according to the cadastral resurvey, and the number and size of the forests and fields prior to the change (hereinafter “instant old land”). See The north-west boundary of the instant old land was in contact with the Eitch of Incheon Cheongjin-gun, Incheon, a state-owned land (the parcel number was changed to F according to the later cadastral resurvey).

B. (i) Installation and management of a water tank (i.e., the potter-gun) installed one water tank on the above state-owned land in 1964 and 2004, and two water tanks on the ground in 2009, respectively, and installed a steel tank fence in the vicinity thereof, and enclosed the above water tank (hereinafter referred to as the "water tank in this case"), and in the process, part of the water tank installation zone in the above fenced the north part of the old land.

Since the Water Supply and Waterworks Installation Act was amended on July 28, 2011, and the operation and management of village waterworks and small-scale water supply facilities changed from the head of the Gun/Gu to the Metropolitan City Mayor, the potter-Gun transferred the management of the water tank of this case to the head of the Incheon Metropolitan City Water Supply and Waterworks Headquarters, and currently the defendant Incheon Metropolitan City owns the water tank of this case.

C. (i) On September 2012, the head of Jinjin-gun completed the cadastral resurvey project on the land of the Incheon Cheongjin-gun, Incheon, where the land of this case belongs, and the instant water tank installation area is divided into nine square categories to re-establish a boundary.

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