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(영문) 청주지방법원 2020.08.13 2017가단110243

손해배상(기)

Text

1. The Defendants jointly share KRW 32,145,90 with respect to the Plaintiff and KRW 5% per annum from August 7, 2017 to August 13, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is growing ginseng in the field of 5,005 square meters (hereinafter “the ginseng field of this case”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

B. On August 31, 2016, the Defendants completed the registration of ownership transfer on October 5, 2016 with respect to 985 square meters in Chungcheongnam-gun E, Chungcheongbuk-gun due to trade.

The above land is divided into a F field of 325 square meters, and the land category was changed and the land category was 660 square meters for the E-Gun in Chungcheongnam-do (hereinafter “Defendant land”).

C. The Defendants newly constructed a house on the Defendant’s land, and filed an application for approval for use of agricultural infrastructure other than the purpose of using the upper part of the instant land (T200m) as a concrete package (T20m) in order to use 10m2 out of 37,069m2 (hereinafter “the instant ditch”) owned by the Republic of Korea adjacent to the Defendant’s land as an entry into a detached house in order to use 37,069m2 of the Chungcheong-gun G ditch owned by the Republic of Korea (hereinafter “the instant ditch”).

On October 31, 2016, the head of Matsan Gun accepted the application of the Defendants, and applied for approval for use by adding to the following conditions: “The flow of one direction flowing water” (D1,000m, 7m) laid underground at a place adjacent to the Defendant’s land and packaging the upper concrete; “the maintenance and management of the approved site shall be borne by the user, but shall be thoroughly maintained and managed so as not to interfere with flow of flowing water.”

E. The Defendants newly constructed a house on the instant Defendant’s land and completed registration of initial ownership on March 20, 2017 as to 1/2 of their respective shares.

F. However, the defendants were at the time of the construction of the above house.

The term "one direction flow" as permitted for use under paragraph (1), not only is the construction work to be carried into the fume, but also the construction work to be carried into the fume, and the construction of the fume fume (D600 meters wide) artificially on the ditches (b.6 meters wide, 1.3 meters in depth) existing in the original natural form, not the permission, and the construction of the fume fume.