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(영문) 대구지방법원 2018.04.11 2017나309447
손해배상 및 묘지 이전비용
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The plaintiff asserted that the plaintiff had created and managed a family cemetery of 300,000 square meters at B, which had been brought about by the 16 million won in Gyeongnam-gun. However, around 2006, when the defendant constructed the drainage facilities on his farm road and installed the drainage facilities on his farm road, the damage occurred, such as water coming out of the neighboring road drainage area and the soil, and the death of didydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydy caused no longer than the plaintiff's use of the above family cemetery. Accordingly, the defendant must pay to the plaintiff the amount equivalent to 12 million won for reconstruction expenses for the drainage facilities installed in a fraudulent manner as compensation for damages

2. In light of the judgment, the fact that the Defendant installed drainage facilities in the vicinity of the land in which the Plaintiff’s family funeral ground was located does not conflict between the parties, but the evidence alone submitted by the Plaintiff was insufficient to recognize that the Defendant performed the drainage facilities in a fraudulent manner, and that the cause of inundation of the above family funeral ground was in the fraudulent construction of the above drainage channel, and there is no other evidence to acknowledge it

(3) The plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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