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(영문) 울산지방법원 2016.08.09 2015가단62042
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) Aboard (A) that connects each point of the attached Table 13, 14, 15, and 13, in sequence, to the appraisal sheet (a).

Reasons

1. Basic facts

A. (1) The Plaintiff owns a multi-family house with a size of 289 square meters and a multi-family house with a second floor located on the land in Ulsan-gu, Ulsan-do (hereinafter referred to as “Plaintiff’s land”).

2) The Defendant owned the building located on the Plaintiff’s land as well as the building indicated in the attached Form 160 square meters adjacent to the Plaintiff’s land.

(hereinafter referred to as “Defendant’s building”). B.

Of the facts of infringement of the Plaintiff’s land in the Defendant’s building, the three-story panel set up on the part (A) of the attached Table 13, 14, 15, and 13, which connects each point of indication 13, 14, 15, and 13 of the attached Table 13, 14, 15, and 13 in the order of each point of indication 2 meters in the part (B) of the ship which connects each point of indication 2 meters in the order of the attached Table 2, 3, 13, 14, 15, 16, and 13 in the order of each point of indication 13, 14, 15, 16, and 13 in the part (c) of the Defendant’s building.

[Based on Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 6 and 7 (including additional evidence attached) and images, the result of the survey and appraisal conducted by appraiser E, the purport of the whole pleadings

2. Determination

A. As to the cause of the claim, the Plaintiff may seek removal of the part on which the Plaintiff’s land was infringed among the Defendant’s building by exercising the right to claim removal of interference based on the ownership of the Plaintiff’s land.

Therefore, the defendant is obliged to remove the 1st floor rail and the 2nd floor rail and the 3rd floor panel set up in the 4m square meters of the attached Form 3 indication (C) in the part of the 2m square meters of the attached Form 1 indication among the defendant's building.

B. Of the part on the Defendant’s argument that the Plaintiff seeks removal, the third-story panel 4m2, the part on which the Plaintiff seeks removal, is merely an inevitable part of the eavesst part in the process of performing water treatment works in order to prevent damage caused by natural floating water.

The plaintiff has been aware that the defendant's building invadeds the plaintiff's land for about 25 years.

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