logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2015.01.30 2014가합648
방해제거와 원상회복 및 손해배상
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A owns 886 square meters of D forest land in Gwangju-si from April 10, 2013, and Plaintiff B owns E large 630 square meters and its ground detached houses from July 22, 2010. The Defendant completed registration of ownership by newly building a detached house on the same land on January 22, 2007, while owning the land indicated in attached Table 2(2) from April 13, 2006.

B. A river is formed between the plaintiffs and the above lands owned by the defendants through the ditches listed in Paragraph (1) of the attached Table owned by the State (hereinafter "the ditches of this case"). There are roads listed in Paragraph (3) of the attached Table owned by the State between the land owned by the defendant and the above ditches (hereinafter "the roads of this case"). Between the roads of this case and the above ditches, a embankment (hereinafter "the axis of this case").

C. The axis of this case, as seen below, is constructed differently from the boundary of the part adjacent to the road of this case on the cadastral map and the ditches of this case, and is constructed below the drawing on the cadastral map (1), (2) the parts successively connected to each point, and (5) the axis of the parts successively connected to each point, and (3) the parts successively connected to each point and (7) the axis of this case are adjacent to the ditches of this case.

The axis in the cadastral map is in the form of soften, so water flow coming from the upper reaches and flows out of the road of this case. However, the actual form of construction of the axis of this case is close to the straight line, making water to flow out immediately according to the ditches of this case.

E. On November 201, 2010, the Defendant’s husband F performed a repair work on the part of fume fume, installed on the ditch of this case, and restored to its original state after raising about 60 cm. On November 2013, the Defendant’s husband F filled up approximately 1 meter even after receiving a notice of restoration from Gwangju City, but did not implement it even after receiving a notice of restoration from Gwangju City. As such, the Defendant’s husband F was around July 201 in Gwangju City.

arrow