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(영문) 인천지방법원 2019.01.10 2017가단231156

손해배상(기)

Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of 5% from July 12, 2017 to January 10, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner who completed the registration of ownership transfer on November 27, 2015, with respect to C Forest land in Incheon Cheongjin-gun, Incheon (hereinafter “Plaintiff’s land”).

The Defendant is an owner of 727 square meters (hereinafter referred to as “instant land”) prior to D, Incheon Spojin-gun, Incheon, which is adjacent to the Plaintiff’s land.

B. On January 26, 2016, the Defendant issued to the Plaintiff a written consent to land use (hereinafter “written consent to land use of this case”) with the purport that “an application for a building permit, an application for permission for development permit, and an application for permission for conversion of mountainous district on the Plaintiff’s land use of this case’s land, and consent to the designation and public announcement of a road under the Building Act” (hereinafter “written consent

C. On April 2016, in order to construct detached houses on the Plaintiff’s land, the Plaintiff submitted relevant documents to the Cheongjin-gun Office having jurisdiction over the first patrolman, and conducted construction. E received delegation from the Plaintiff and received the consent from the Defendant to use the land of this case, and thereby was in charge of the Plaintiff’s affairs concerning the land development work.

The Plaintiff: (a) required to build a road on the instant land to obtain a building permit; (b) required E to build a road; and (c) on January 25, 2017, E used concrete packaging on the instant land at the Plaintiff’s expense.

E. While the Defendant raised an objection to the validity of the written consent of the instant land, it was prosecuted by the Incheon District Court 2017 High Court 2683 by destroying the road that the Plaintiff contained in concrete packaging.

On June 7, 2018, the above court rendered that the Defendant (the Defendant) is the owner of the D’s land in Incheon Cheongjin-gun, Incheon. Around 09:00 on June 4, 2017, the Defendant destroyed a road installed by the victim by means of employing scress and destroying the above concrete road on the ground that it is a road constructed on the ground that the victim’s concrete road possessed by the victim E is an invalid land use consent.

참조조문