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(영문) 대전지방법원천안지원 2013.06.21 2012가합1170
구상금
Text

1. The Defendant’s KRW 50,600,000 as well as the Plaintiff’s annual rate of 5% from February 3, 2012 to June 21, 2013, and the following.

Reasons

1. Basic facts

A. The relevant Plaintiff is an owner of a 13,022 square meters in a warehouse site in Asan-si (hereinafter “Plaintiff-owned land”). The Defendant is an owner of a 823 square meters in a neighboring land, E forest, 2,105 square meters in a forest, and a 241 square meters in a F forest and forest (hereinafter “Defendant-owned land”).

B. The construction work to create a factory site in the land owned by the Defendant and the Plaintiff’s filing of a civil petition 1) The Plaintiff may construct a logistics warehouse in the land owned by the Plaintiff on March 2008 to build a new factory warehouse on the land owned by the Plaintiff and the land owned by the Defendant (hereinafter “the instant reinforced earth retaining wall”).

(2) Around June 2010, G, who was married with the Defendant and was legally divorced, still lives together with it. Around June 2010, H Co., Ltd. (hereinafter “H”) had an actual operator I of H Co., Ltd. (hereinafter “H”) set up a factory site in the lower slope of the retaining wall of this case, to build a factory site in the land owned by the Defendant. However, soil and sand were flaged, and the Plaintiff-owned land was invaded.

As a result, G made the part that was flicked by the 5t vibration roller at the place where the representative director of the plaintiff is in the same place, G made the part that was flicked by the plaintiff representative director, and made it possible to collect soil on the affected part.

3) Around September 2010, the Defendant drafted a written contract for the construction of a factory site for H and Defendant-owned land, and H for the said construction, tin (hereinafter “instant stone axis”) at the point where eight meters away from the boundary of the Defendant-owned land located below the above reinforced soil retaining wall for the said construction.

At the time of the construction of the instant stone axis, I argued that, at the time of the construction of the instant stone axis, the 4-5m high-level 1.2m high-level tin should not withstanding the load of the structure of the 4-5m high-level m, and that G need to modify the design as dangerous. However, G ordered construction as designed. 4) On October 29, 2010, the Plaintiff filed a civil petition with the following contents:

Factories shall be located in the site (owned G) located below the low logistics warehouse.

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