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(영문) 광주지방법원 2017.07.20 2016고정1191
재물손괴
Text

The defendant dismissed the application for compensation of this case.

Reasons

1. On March 9, 2016, the Defendant, at around 10:10, damaged the property owned by the victim by cutting the cement block (2m in length and 1.2m in height) installed while the victim installed in the house owned by the victim C and located on the Southern-gu Gwangju-gu D and E, Gwangju-gu, with the partitions installed, with the view to brupting the cement block (2m in length and 1.2m in height).

2. Cement, written in the facts charged against the Defendant and the defense counsel’s assertion, is installed on “building owned by the Defendant on the F and G land” rather than “building owned by the victim on the D and E land,” and thus, is consistent with the building owned by the Defendant under the main sentence of Article 256 of the Civil Act, and thus, it does not constitute property owned by another person, and the Defendant’s act should

3. Determination

A. The evidence presented to this court reveals the following facts.

1) The current status of the land adjacent to D and E is as indicated in the annexed drawing. ① D land is owned by H, ② I land is owned by victims, etc.; ③ F land is state-owned land; ④ G land is owned by the Defendant’s ASEAN.

2) There are several buildings on the land of D and E, such as the attached list, and buildings listed in paragraph 1 of the attached list as of March 9, 2016, which were the date of the occurrence of the instant case, are owned by the damaged party; KA for the buildings listed in paragraph 2 of the attached list; J for the buildings listed in paragraph 3 of the attached list; and the damaged party for the buildings listed in paragraph 4 of the attached list; each building listed in paragraphs 3 and 4 of the attached list was newly built by the original defendant.

3) And on F and G land, there are one unregistered building with main walls, columns, and roof, and each building listed in this building and the separate sheet are attached or connected to a passage.

4) The victim, the Defendant, etc. experienced a long period of time due to the complex ownership relationship of various lands and buildings as seen earlier and the disagreement between possession and possession relationship.

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