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(영문) 서울중앙지방법원 2015.01.29 2012가단5111213
손해배상(기)
Text

1. The Defendants: (a) each of the Plaintiff A, KRW 4,00,00, and KRW 5,000,000 to the Plaintiff B, and each of the said money on October 18, 2013.

Reasons

1. Basic facts

A. On February 19, 197, Plaintiff B and A are legally married couples, and around 1997, Plaintiff B and A purchased the entire 803 square meters in Hongcheon-gun G, Hongcheon-gun, G, H, 4,453 square meters, and I large 598 square meters (hereinafter referred to as “instant real estate”) and completed the registration of ownership transfer in the Plaintiff B’s name, and completed the registration of ownership transfer in the Plaintiff’s name on October 13, 2005.

(2) The area of 4,221 square meters and the area of 486 square meters in Hongcheon-gun, Hongcheon-gun, Gangwon-do, the neighboring land of the instant real estate, is L clan M and the registration of ownership transfer has been completed under the name of the same clan, and Plaintiff C is the father of Plaintiff C, and Plaintiff D is the small father of Plaintiff C.

(3) Defendant E owns 3,769 square meters (hereinafter “Defendant’s land”) before Hongcheon-gun N, Hongcheon-gun, and Defendant F is Defendant E’s children.

(4) An O road, which is a State-owned land adjacent to the Defendant’s land (hereinafter “instant road”), is opened, and a P ditch, which is a State-owned land next thereto (hereinafter “instant ditch”).

B. The dispute between the Plaintiff A, B, and the Defendants (1) purchased the instant real estate, and Plaintiff A and B laid a large fume on the instant ditch, and secured an entry route leading to the instant road by creating a farm road with the branch line of J land. The instant real estate was leased to the Defendant E for the purpose of farming.

A road made up of a large fume laid on the ditch of this case (hereinafter referred to as "the plaintiff's road") has been used for the passage of the defendants and village residents, including the above plaintiffs.

(2) After that, Plaintiff A and B planted mulberry trees in around 2010 and around 2011 in part of the instant real estate. Since around 2010, Plaintiff A and B were prevented from planting the instant real estate to Defendant E by directly forming a farmer.

(3) Thereafter, the Defendants’ establishment of a large fume pipe on the ditches of this case by Plaintiff A and B is illegal. They enter the road of this case to the Plaintiff’s side.

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