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(영문) 수원지방법원 2017.10.31 2016가단515021
광케이블철거 등
Text

1. The Defendant points out each of the annexed drawings 1, 2, 3, 4 and 1, among the land size 497 square meters in Suwon-si, Suwon-si, Suwon-si, the Plaintiff.

Reasons

1. The fact that the Plaintiff is the owner of land B in Suwon-si, Suwon-si, that he is the owner of land 497 square meters of forest land B (hereinafter “the instant land”), the fact that the Defendant installed and used each of 100 (3) 6.21 square meters of optical cable skin (PCV) on the part of the ship connecting each point of 1, 2, 3, 4 and 5, in sequence, among the above land, the attached drawings indication 1, 1, 2, 3, 4 and 1, the attached drawings indication 1, 5,66, 7, 9, 5, and 6.21 square meters in sequence, and the fact that the Defendant installed and used each of 6.21 square meters of optical cable skin(PCV) on the underground, and the result of the appraiser C’s measurement and appraisal of the appraiser D, and there

2. The defendant asserts that in relation to this, the road was used as a road at the time of construction and the road occupation fee has been paid by the head of Suwon-si Office with the permission from the head of Suwon-si, and has been used until now.

However, as seen earlier, as long as the land of this case is owned by the plaintiff, it cannot be a valid defense against the plaintiff's claim for removal of disturbance.

3. Accordingly, the Defendant is obligated to remove each of the above parts of the instant land (PVC) 10 m21 m2 from the ship, which connects the Plaintiff with each point of Section 1, 2, 3, 4, 1, and 4.76 m2 in sequence, such as Section 1, 5, 4.76 m2, 4.76 m2, 4, 4.76 m2, 4, and 5.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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