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(영문) 대구지방법원김천지원 2015.11.05 2014가단3944
손해배상(기)
Text

1. The Defendants each of the plaintiffs A, KRW 7,258,859, KRW 3,173,428, and KRW 2,115,619, and each of them.

Reasons

1. Basic facts

A. The Plaintiffs’ land and ownership relationship Plaintiff A is the owner of 591 square meters in G orchard in Kimcheon-si, Kimcheon-si, and the network H is the owner of 2278 square meters in G orchard in Kimcheon-si, Kimcheon-si. On December 11, 1987, the deceased on December 11, 1987, and the heir was the spouse of Plaintiff J, Kim Jong-nam, C, and C, the spouse of the deceased.

(hereinafter referred to as “Plaintiff’s land” is added to each of the above lands owned by Plaintiff A and the network H.

The Defendants’ land and ownership-related Defendants are married couple; Defendant E is an owner of 909 square meters in the Kimcheon-si, Kimcheon-si, Kimcheon-si, 909 square meters in the land for 810 square meters in the land for 949 square meters in the land for N farm; Defendant F is an owner of 2840 square meters in the land for 2840 square meters prior to Kimcheon-si, Kimcheon-si.

(hereinafter referred to as the “Defendant’s land” is added to each of the above lands owned by the Defendants.

The Defendant’s land is located as a part of the location of the ditch of this case and the volume of the P ditch of 228 square meters (hereinafter “instant ditch”) owned by the Republic of Korea, Kimcheon-si, Kimcheon-si.

The location of the ditches of this case, the land on the plaintiff's side, and the land on the defendant's side are as follows:

As seen in the foregoing drawings, Kimcheon-si opened a construction period from September 16, 2013 to November 14, 2013 (hereinafter “instant road”) on October 25, 2013 to ensure that the Plaintiff’s land was able to have contributed and exercise overall control over the Plaintiff’s land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 18, and 22 (including branch numbers; hereinafter the same shall apply)

2. The parties' assertion

A. The plaintiff's alleged land passed through the ditches of this case for a period of 20 years, which is not linked to the public road, and used it as a farming road in fact, and was poly used for the plaintiff's land on the plaintiff's land. Around July 2006, the defendants spread approximately 30 meters from the entrance part of the ditch of this case, which was connected to the ditch of this case, using a digging hole, to a level of about 2 meters from the entrance part of the ditch of this case, using a digging hole, and sprink up soil on the entrance of the road of this case.

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