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(영문) 창원지방법원 2015.12.17 2014가단28490
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 facts below the basis of facts are either in dispute between the parties or acknowledged by comprehensively considering the overall purport of the arguments in Gap evidence Nos. 1, 2 and 16.

A. The Plaintiff owns a 1280 square meters and an office of 142.11 square meters in a warehouse on the attached Form, Kimhae-si, Do-si, Da-si, 2628 square meters of land, and Defendant C owns 148.7 square meters of land in Kimhae-si.

Defendant B is the father of Defendant C.

B. There is no fence between the land D in the attached drawing and the land E, while a fence is installed between the land E and the adjacent road (hereinafter “instant fence”).

C. The Plaintiff operates a liquor wholesale company with the trade name of “F” in the land D and the warehouse and office on the ground, and occupies and uses the said land together with the land E by owning facilities, etc. on the land.

Defendant B did not have a fence between the Plaintiff’s use of the land E owned by Defendant C and the land D and the land E as above, while the instant fence was installed between the land E and the adjacent road, and there was a dispute between the Defendants and the Plaintiff because they could not enter the land E.

On December 5, 2014, Defendant B destroyed part of the wall of this case as a dump.

E. The Plaintiff filed a complaint with the Defendants due to the damage of property, etc., but was prosecuted as a crime of obstructing the exercise of rights by Defendant B, and the Changwon District Court (2015Dadan1422) rendered a judgment of not guilty on October 14, 2015, which became final and conclusive around that time.

2. The Plaintiff’s assertion 1) The wall of this case is owned by the Plaintiff, and Defendant B conspired with Defendant C to commit a tort that damages the wall of this case owned by the Plaintiff, and the Defendants are obligated to compensate the Plaintiff for damages therefrom. (2) The damages that the Defendants are liable to compensate for to the Plaintiff are KRW 10,470,130, and KRW 14,440,000,000,000,000,000,000 for working expenses to protect property until the fence was constructed.

3. Determination 1 Any movable is consistent with real property.

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