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(영문) 광주지방법원순천지원 2016.06.09 2015가단3536
건물철거 및 토지인도 등
Text

1. The Defendant attached Form 208 square meters among the 208 square meters in Gwangjuyang-si to the Plaintiff

1. Indication of appraisal drawings;

(a) 1, 2, 5, 6, 1;

each. of this section.

Reasons

1. Basic facts

A. The Plaintiff is using the instant land as a road where the said land was entered into a house, as the owner of the land of 697 square meters and the said land and C 82 square meters (hereinafter “instant land”).

B. The Defendant is the owner of the E-Y 447 square meters adjacent to the instant land and the slive roof of the block structure on the ground (hereinafter “Defendant building”).

C. The defendant violated the land of this case and ① church house attached to the church house.

1. Part of one square meter inside a ship connecting each point A, B, 4, and A, among appraisal drawings, in order, and attached Form;

2. Construction of a red brick building behind a telegraph pole among on-site photographs, ② Construction of a private iron tree (in the attached appraisal drawings, the part of 3§³ connected each point in 1, 2, 5, 6, 1.) and cement block fence (the line connecting each point in the attached appraisal drawings, 2, 3m2 and 3m2 among the appraisal drawings) and a cement block fence (the line connecting each point in 2, 3m2 in the attached appraisal drawings) with the boundary outside of the church house, and ③ prefabricated-type container (attached Form) in an open space between the Defendant building and cement block fence;

1. Parts of 15 square meters on board, which successively connects each point in 2, 3, 2, 2, 2, 5, 5, and 2, among appraisal drawings;

2. In addition to on-site photographs, he/she additionally installed a flab position plate part after telegraph poles (based on recognition). [In the absence of dispute, each description in the evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply);

each of the survey and appraisal results of this Court, the purport of the whole pleadings

2. Determination on each removal request

A. According to the above facts as to the fence of a private iron and cement block, the Defendant is obligated to remove a private iron tree from the Plaintiff and remove cement block fences and deliver the pertinent land, except in extenuating circumstances, inasmuch as the Defendant planting a private iron on the land of this case owned by the Plaintiff on the land of this case, and installs a cement block fence on the land of this case.

B. According to the above facts, the defendant's building and the land of this case as to the warehouse of the prefabricated team.

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