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(영문) 광주지방법원 2019.11.21 2018가단4319

손해배상

Text

1. The Defendants are jointly and severally and severally liable for 52,282,200 won to the Plaintiff (Appointed Party) and the designated parties and the Defendants on September 1, 2015.

Reasons

1. Basic facts

A. On January 1, 2013, the Plaintiff (designated parties; hereinafter “Plaintiffs”) and the designated parties entered into a contract with respect to investment of obstacles to planting and selling pine trees on the land of 3,125 square meters and E field 2,008 square meters in Jeon-nam-gun, Chungcheongnam-gun and to divide profits therefrom, and jointly owned pine trees on the instant land.

(hereinafter referred to as “instant land”) b. the said land planted with pine trees is called “the instant land.”

Defendant B Co., Ltd. (hereinafter “B”) entered into a contract with the Korea Industrial Complex Corporation for the construction of the F Industrial Complex (hereinafter “instant construction”) and commenced the instant construction project around July 10, 2013.

C. On October 29, 2014, Defendant C Co., Ltd (hereinafter “C”) entered into a contract for the construction of access roads to the F Industrial Complex (hereinafter “instant road construction”) with the head of Sungsung-gun, under which he/she was awarded a contract. On April 25, 2015, Defendant C Co., Ltd (hereinafter “C”) commenced the instant road construction.

The instant land is located adjacent to the instant road construction site.

The excellent situation at the site of the construction of the industrial complex of this case enters the south of the G reservoir after passing through the road construction site of this case.

E. As seen in the attached drainage channel status, both of the instant land (referring to the part licked by yellow) had been spreaded from before the above construction.

Based on the above current status, the drainage channel on the left side of the land of this case is marked "(i) drainage channel on the left side of the land of this case" (i) a line with a mark of "use for water use".

(ii)the drainage channel on the right side is a line with a mark "(2)".

The water discharged from a reservoir refers to the water discharged from the reservoir. Before each construction of the instant case, the water has been discharged through the left-hand drainage and the right-hand drainage.

F. Defendant C’s person in charge and Defendant B’s person in charge are present at the site of the instant creation project on March 19, 2015.