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(영문) 인천지방법원 2018.08.21 2016가단51339
구조물철거등
Text

1. The Defendants shall jointly:

A. The appraisal map 8, 9, 10, 10 square meters in attached Form 2 among the 490 square meters in Incheon 1, Incheon E Group 490 square meters.

Reasons

1. Basic facts

A. On April 25, 2016, Plaintiff B was entitled to the instant land ownership relationship (hereinafter “instant land”). The Plaintiff B is deemed to have been one square meter prior to the Incheon Reinforcement-gun G on April 25, 2016.

(1) On March 2, 2009, Plaintiff A acquired ownership as to the land of this case (hereinafter “instant two land”). The Plaintiff acquired ownership as to the land of this case on March 2, 2009.

(3) The Plaintiff acquired the ownership of the Plaintiff’s neighborhood living facilities on the 1,175 square meters prior to the F date on April 3, 2009 (hereinafter “instant 3 land”).

2) On July 12, 1996, the Plaintiff, the Defendants’ wife, acquired ownership of 329 square meters of land (hereinafter “instant 4 land”) on the following grounds: (a) on November 17, 1995, JJ acquired ownership of 2,881 square meters of land (hereinafter “instant 5 land”).

On March 27, 2001, the network H constructed two-story neighborhood living facilities of reinforced concrete structure (hereinafter “Defendant’s building”) on the ground of the instant land on the 5th anniversary of the instant land, and completed registration of preservation of ownership.

The Defendants: (a) died on July 11, 2016 by the network H; and (b) succeeded to the instant 4, 5 and the Defendants’ buildings, respectively, 1/2 shares.

B. 1) The network H installed an access road and a retaining wall upon obtaining a building permit from the Defendants’ building, and installed the access road and the retaining wall. The above retaining wall, etc. were installed by breaking the land owned by the Plaintiffs as follows. The appraisal of the land of this case in the order of each point of No. 1, No. 2, 23, 22, 21, 20, 19, and 13 square meters in the ship (hereinafter “the part of the instant one land erosion”) connected each point of No. 1, No. 2, 23, 22, 21, 20, 19,

[Attachment 1] 23, 3, 4, 5, 6, 7, 8, 9, 31, 30, 29, 28, 27, 26, 25, 24, and 23 of [Attachment 1] 23, 3, 4, 5, 6, 7, 8, 31, 30, 29, 27, 26, 25, 24, and 23 of appraisal

(2) The portion of the attached Table 2 of the instant land is 52 square meters in the ship (hereinafter “the part of the instant two land erosion”) connected each point of 8, 9, 10, 11, 12, 13, 27, 26, 25, 24, 23, 22, 21, 20, 20, 19, and 8 in sequence.

In this case.

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