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(영문) 춘천지방법원 2017.04.13 2016고정350
절도등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Facts charged;

A. A thief: (a) around April 8, 2016, the Defendant: (b) removed one automatic pumps amounting to KRW 230,000 from the market price owned by the victim D, located in the well-being installed at the above location (hereinafter “instant well-owned land”); and (c) stolen the household property, by removing one of the automatic pumps amounting to KRW 230,000,000 from the land owned by the victim D.

B. Around July 2012, the Defendant damaged the property by cutting off X-cell pipelines owned by the victim D in the instant audience at the place indicated in paragraph (1) around July 2012, thereby damaging KRW 180,000 for repair costs.

2. Determination

A. The facts charged are premised on the fact that the instant ruling was the subject of the victim D’s lawsuit.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, it is difficult to view the pertinent situation as the victim D ownership, and there is no other evidence to acknowledge it.

1) The instant land, which is a place where the instant well was installed, is owned by the Korea hydroelectric Power Co., Ltd. (hereinafter “Korea Won”).

2) The instant well is a kind of well for the use of groundwater, and thus, it is practically impossible to separate and restore the land as it is stuck to the instant land.

Therefore, the instant land is deemed as a constituent part of the instant land that is incorporated into the instant land, and its ownership belongs to only one source, the owner of the instant land, regardless of the installation entity (see Supreme Court Decision 2007Da36933, May 8, 2008, etc.). 3) It is recognized that the victim was awarded a successful bid for the land and the land E-Gun adjacent to the instant land at auction, and used the instant land for the purpose of receiving the supply of water for living.

However, the ruling of this case was not included in the object of the auction, and as long as the ruling of this case belongs to the ownership of one source, the ruling of this case becomes a accessory to the land owned by the victim or the house.

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