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(영문) 울산지방법원 2015.03.31 2014가단26186

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs share the 4,478m2 (hereinafter “instant land”) in Ulsan-gun, Ulsan-gun, Jinju-gun.

(Plaintiff A’s equity 1439/4478, Plaintiff B’s equity 939/4478, Plaintiff C’s equity 661/4478, Plaintiff D, E, and F’s equity 360/478, Plaintiff G equity 359/478). (b)

On May 2014, the Plaintiffs entered into a embatation agreement with Defendant H on the instant land at KRW 3,300,000. Defendant H had Defendant I, managing K company, perform the embatation work of the instant land.

C. From the beginning of June 2014 to June 8, 2014, the instant land was filled up at a level of approximately 120 centimeters. D.

Since the Plaintiffs were issued a corrective order and a warning to voluntarily remove the instant land and restore it to its original state by July 31, 2014, from the Ulsan-gun Office around July 2014.

E. The cost of restoring the instant land to its original state is equivalent to KRW 32,846,00.

[Ground of recognition] Unsatisfy, Gap evidence 1, 4, 9, Gap evidence 7-1, 2, on-site inspection result, market price appraisal result, the purport of the whole pleadings

2. Assertion and determination

A. (1) Plaintiffs A and de facto marriage-related L et al. responded to the answer that the act of raising the form and quality of the instant land from “the answer” to “the front” and the act of raising it to be less than 50cc under the relevant statutes does not require permission for development activities.

The Plaintiffs decided to fill up the land of this case less than 50cc and set up a sign sign or sign (hereinafter referred to as “instant sign or sign”) indicating the relevant matters on the land of this case.

L on behalf of the plaintiffs entered into a contract with Defendant H to fill the land of this case with a height of less than 50 cm by using good soil.

Defendant H is equipped with the sign of this case and is required to fill up at a height of less than 50 cm with good soil according to the contract of this case, however, the level of waste level is high by gravel and sand.