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(영문) 의정부지방법원 2014.10.07 2014가단24303
시설물철거
Text

1. The defendant shall be the plaintiff.

(a) Of the parts on a ship which successively connects each point of the attachment Nos. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On the registry, the Plaintiff is the owner of a reinforced concrete building, brick 2-story neighborhood living facilities, and housing 13.27 square meters and 2-story 13.52 square meters and 65.52 square meters (hereinafter “instant building”). Unlike the entry in the registry, the said building is the owner of a building constructed on the D ditch, which is owned by the State (hereinafter “instant land”). The Defendant is the owner of the said C (hereinafter “instant land”).

The plaintiff is operating a restaurant with the trade name "E" in the building of this case.

B. At the place where the instant building was originally located, there was a worn-out building owned by the networkF, but the Plaintiff leased the said worn-out building from the said F around 1994.

Afterwards, after obtaining permission for design and alteration of use of the above old building from the Speaker City, the Plaintiff purchased the above building from F and received the registration of ownership transfer on May 16, 1996.

C. After the death of F, who was his son, became the representative of the Defendant, the instant building was located on the instant land owned by the Defendant, on the grounds that the instant building was constructed on the instant land owned by the Defendant. However, in the process, the instant building was not on the instant land owned by the Defendant, but on the DNA ditches owned by the State.

D ditches where the instant building is located and the instant land adjoin. Of the instant land, a road up to Hro is located on the side adjoining the aforementioned D ditches, and a part of the instant land is a fake land between the said road and the said D ditches.

E. The Defendant installed steel fences on the part of the fake land abutting on the parking lot space among the parts adjacent to the instant land and D ditches, and installed posts on the side of the opposite road at the edge of the road.

F. The Plaintiff’s pents, etc. are solely aimed at hindering the Plaintiff’s E business, and the Defendant abused the right to the instant land.

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