손해배상(기)
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. The Plaintiffs are installed since 1920 on the real estate owned by the JJ (hereinafter “J’s real estate”) of 377 square meters of land (hereinafter “instant grave”).
B. In the vicinity of J’s real estate, the real estate owned by K prior to K with a size of 646 square meters (hereinafter “L’s real estate”) and the Defendant G-owned real estate (hereinafter “G’s real estate”) with a 4,194 square meters of land for a factory in the racing-si.
C. Defendant G, as a result of typhoon around September 15, 2012, was likely to cause damage to Defendant H factories located in Samsung-si, Defendant G, on the grounds of the typhoon’s impact on September 15, 2012, well-known 3glus of pine trees planted on the real estate boundary points in J, and 4glus of pine trees planted on G’s real estate.
(hereinafter referred to as “instant pine tree” d. 7 gyms well raised by Defendant G.
Defendant G: (a) around August 200, for the drainage of G’s real property, he stored tampages on the boundary line; (b) installed a drainage channel (hereinafter “instant drainage channel”); (c) around 2012, he installed a pents (hereinafter “instant pents”) on the boundary line; and (d) removed the instant pents on June 25, 2013.
E. Ultimately, the instant grave, tree, and drainage are installed on the real estate owned by another person, not the Plaintiffs.
[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, 3, 9, 10 evidence, Eul evidence 1 to 8, Eul evidence 11 to 14 (including each number), the purport of the whole pleadings and arguments
2. The plaintiffs' assertion
A. The instant grave was installed on the land owned by another person in around 1920, and the Plaintiffs acquired the right to grave base by occupying it in a peaceful and public performance for a period of up to 190s. The Plaintiffs’ father N planted approximately 30gs of pine trees, including the instant pine trees, around the instant grave. The effect of the right to grave base is not only the base of the grave itself, but also the grave.