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(영문) 수원지방법원 성남지원 2018.07.13 2017가합402405

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff claims for damages equivalent to the cost of restoring the original state (the primary cause of claim) from August 2015 to the end of the same year.

9. By October, 100, the Plaintiff filed a claim against the Defendant C and the Defendant Incorporated Foundation B (hereinafter referred to as the “Defendant Incorporated Foundation”) for damages equivalent to the cost of restoring the natural stone and the cut trees, which were shipped out by each of the Defendants, due to the said tort, and were cut down arbitrarily and without permission, while damaging approximately KRW 980 square meters of forest land D (hereinafter referred to as the “instant land”) owned by the Plaintiff as heavy equipment.

B. The Plaintiff filed a claim for damages equivalent to the cost of preventing flood damage (preliminary claim). The Plaintiff set up a drainage channel around the boundary of the instant land, and the water coming from a drainage channel was accumulated into the land owned by the Plaintiff and the Plaintiff’s facilities are at risk of being damaged due to structural problems of the drainage channel. Accordingly, the Plaintiff sought damages equivalent to KRW 682,00,000 from the costs required for installing facilities to prevent the Plaintiff’s damage from structural problems of the drainage channel against each of the Defendant C and its employer.

2. There is no dispute between the parties as to the fact that the plaintiff and the defendant foundation are a foundation that carries out the creation and maintenance business of the park cemetery and charnel facilities, etc. in their respective addresses.

In addition, comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 7 and Eul evidence Nos. 1 through 2, the land of this case owned by the plaintiff and Gwangju-si E (hereinafter "the adjoining land of this case") owned by the defendant foundation is adjacent to the boundary, and the defendant C has received a contract from the defendant foundation to September 10, 2015 by contract from the end of August 2015 to the end of September 10, 2015.