1. The plaintiff's claim is dismissed.

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

1. On November 21, 1994, the basic fact-based limited company C (hereinafter “C”) obtained permission to collect earth and rocks from the net market on D and 1 lots.

The plaintiff agreed to pay a certain amount according to the quantity of earth and rocks collected by C, and the person who actually has been entrusted with the authority for overall operation of the stone collection site by C, and the defendant is a resident living in neighboring villages in the above stone collection site.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, and 3-2, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant committed an illegal act with a part of the roads leading to the instant quarrying in contribution, on the ground that the land owned by the network E (F) was included in the land adjacent to the instant stone collection site.

As a result, the plaintiff could not open a right-hand road, and suffered damages such as failure to operate a stone collection station until the right-hand road is opened.

B. In addition to the above traffic obstruction as well as the operation of the plaintiff's quarrying, the defendant filed a continuous and repeated civil petition on the ground of noise, vibration, etc. in the net city, etc., thereby hindering the plaintiff's business and impairing the credibility.

C. Therefore, the Defendant is obligated to pay 111,868,884 won to the Plaintiff (14,595,05,000 won for the establishment of Quarrying 25,315,059 won for the Quarrying 14,595,000 won for the right-of-way road, which is the right-of-way road of KRW 56,958,825) as damages for interference with the Plaintiff.

In addition, the Plaintiff seeks to prohibit the Defendant from interfering with the Plaintiff’s operation of the quarrying in the form of a civil petition filing based on false facts, and to pay an indirect compulsory performance amount of KRW 5 million per offense.

3. Determination

A. Article 14(1) of the Aggregate Extraction Act shall be registered with the head of a Si/Gun/Gu having jurisdiction over the location of the principal office.