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(영문) 제주지방법원 2016.01.07 2014가합2491
손해배상(기)등
Text

1. The Plaintiff (Counterclaim Defendant) indicated the attached Form No. 65. The Plaintiff (Counterclaim Plaintiff) on the Defendant-Counterclaim, among the area of 8,826 square meters in Jeju-si D-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 21, 2013, the Plaintiff owned E-U. 3,595 square meters (F orchard 1,423 square meters was merged into E orchard 2,172 square meters; hereinafter “the Plaintiff’s land”). The Defendants, on February 23, 2009, completed the registration of ownership transfer for each of the instant land 1/2 shares among the Plaintiff’s land and the Defendants’ land, and each of the instant land adjoining one another.

B. The Plaintiff, among the Defendants’ land, owned the “inboard” portion of 1 square meters in line with each point of 65 through 67, and 65 square meters in line with the attached appraisal drawings (hereinafter “2m2”) in line with the instant part of land (hereinafter “the instant part”) and owned the “blue tank 1 floor storage” on that ground. The Plaintiff occupied and used the “inboard connected each point of 1 to 5, and 101 m2 (hereinafter “the instant part”) or the “part 101 m2 (hereinafter “the instant part”) connected each point of 6 to 13, and 61 m2 (hereinafter “the instant part”) connected with each point of 6 to 6, and 61 m2 (hereinafter “the instant part of land”).

C. On April 29, 2014, the Defendants, on the ground that the Plaintiff violated the boundary of the Defendants’ land as seen above and used it, set up a stone fence with a quantity of 70 meters set up by a boundary mark, and set off trees owned by the Plaintiff, which were planted for the purpose of air-proof and boundary display (hereinafter “the instant trees”). D.

On December 22, 2014, the Jeju District Court (2014 Highly 779) found Defendant B not guilty of the crime of destroying stone fences and the instant trees owned by the Plaintiff and preventing the Plaintiff from being aware of the boundary of the land at the same time, and found Defendant B not guilty of the crime of destroying stone fences and the instant trees.

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