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(영문) 수원지방법원 2018.12.05 2017가단543054
시설철거등
Text

1. The Defendant each indicated in the attached Form No. 14, 15, 16, 17, and 14 among the land for factory in the wife population C, which is permissible to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 29, 2016, the Plaintiff acquired land for factory in the wife population C (hereinafter “instant land”) on April 29, 2016, and the Defendant is the owner of D/118 square meters adjacent to the instant land for factory (hereinafter “instant land”) and the building on its ground (hereinafter “instant building”).

B. The PVC sewage pipes (hereinafter “instant sewage pipes”) with the diameter of 150 meters within the diameter of the instant building are laid underground in the underground of the part (A) part of the instant land (hereinafter “instant part”) connected in order to each point of the attached Form 14, 15, 16, 17, and 14, among the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 4 (including numbers; hereinafter the same shall apply) and images, the result of this court's commission of appraisal to appraiser E, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to remove the sewage pipes of this case and deliver the portion laid underground to the plaintiff, except in extenuating circumstances.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion 1) The former owner of the instant land, around 201, F, who was the former owner of the instant land, was laid underground the instant sewage pipe with the consent to use the instant land from G, the former owner of the instant land, to install sewage pipes connected to the sewage terminal. As such, the Plaintiff acquired the instant land in a state where the exercise of rights was restricted, and thus, should be allowed to use the instant sewage pipe, as the Plaintiff acquired the instant land. (2) The Defendant cannot be allowed to construct the instant sewage pipe unless passing through the instant land pursuant to Article 218(1) of the Civil Act, and thus, is entitled to install the instant sewage pipe through the part laid underground pursuant to Article 218(1) of the Civil Act.

3. The Plaintiff and the Defendant joint at the location of the instant sewage management plant.

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