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(영문) 춘천지방법원 2019.04.11 2018가단50303

손해배상(국)

Text

1. The defendant shall be the plaintiff.

(a) KRW 77,804,986 and KRW 52,249,240 among them shall be from January 25, 2018; KRW 25,55,746.

Reasons

1. Basic facts

A. The Plaintiff is the owner who completed each preservation registration on March 6, 192 with respect to the land indicated below (hereinafter referred to as “the instant land”; all land is “the instant land”; and individual land is the owner who occupied and used the instant land from around March 192 to military units or to the shooting range of public firearms.

On June 2018, land Nos. 1 through 4 of this case was returned, and the remaining land is still being used.

The entire unit boundary walls of 3 H 2,380 square meters, such as a church, command room, and water tank, all of 14,476 square meters in possession of the land occupied by the Defendant 1, the 787 square meters in the area occupied by the Defendant 1, the entire unit boundary walls of 4 I,387 square meters in the area occupied by the Defendant 1, the entire unit of 74,71 square meters in the area occupied by the Defendant 1,50 square meters in the area occupied by the Defendant 4 I,380 square meters in the area of 4,357 square meters in the area of 7,711 square meters

B. Around July 2017, the Plaintiff demanded the Defendant to compensate for the illegal occupation and use of the instant land. On December 27, 2017, the Defendant opened the Second Class District Compensation Council to determine the total amount of KRW 4,777,900, and notified the Plaintiff thereof.

C. Around June 2018, the Defendant returned land Nos. 1 through 4 of the instant case after removing a studio, etc., but there remain parts of the said land, such as stairs, electric poles, drain lines, floor concrete, foundation of the building, manle structure, basic structure, etc., which were installed as a military unit box, and various construction wastes, etc., such as concrete wastes, waste wood, piping materials, waste bricks, waste bricks, waste iron bars, waste iron bars, waste scrap bars, and synthetic resin, etc. generated from the removal of existing structures, have not been collected.

[Ground of recognition] Facts that there is no dispute between the parties, evidence No. 3, evidence No. 1, evidence No. 1, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the Defendant occupied and used the instant land owned by the Plaintiff without permission, and was not removed on the land Nos. 1 through 4 of this case.