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(영문) 창원지방법원진주지원 2016.05.17 2015가단9154
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 29, 1994, the Plaintiff completed the registration of ownership transfer on the ground of sale on December 24, 1994 with respect to the land of 8,347 square meters in Sacheon-si, the Plaintiff completed the registration of ownership transfer on the ground of the said sale on the ground of the said land, and on June 25, 2003, the Plaintiff completed the registration of ownership transfer on the two-story building of steel structure and light iron-frameging boat roof (hereinafter “instant golf driving range”). The Plaintiff’s wife D, on March 13, 2013, after completing the registration of business with the trade name “E” as the trade name “E” in the instant golf driving range, and on October 22, 2015, he transferred the Plaintiff’s son’s business registration to F.

B. On August 18, 2015, the Defendant completed the registration of ownership transfer in the name of the Defendant on the ground of the sale of the land of this case due to voluntary auction, with respect to the area of 975 square meters and 107 square meters prior to G in Seocheon-si (hereinafter “each land of this case”).

C. On August 11, 2015, Nonparty I completed the registration of ownership transfer by winning the bid in the voluntary auction procedure for the instant golf course.

On September 12, 2015, the Defendant: (a) stored soil, rocks, etc. in part of each of the instant lands on the part of each of the instant lands; and (b) received a notice from the owner of a restaurant located in the 521mm2 adjacent to the Sacheon-si, J. J. 521m2; and (c) immediately removed the said soil and rocks so that the vehicles may pass away.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 1 (including each number), and the purport of whole pleading

2. The assertion and judgment

A. A part of the Plaintiff’s assertion (hereinafter “instant road”) is a road connected only to the passage from the instant golf practice range operated by the Plaintiff to the meritorious service route. The Defendant stockpiled soil and rocks on the instant road, thereby hindering the passage of the Plaintiff and the persons entering the instant golf practice range, thereby causing damage in an amount of KRW 1.3 million per day to the Plaintiff.

Therefore, the Defendant is liable to compensate the Plaintiff for damages caused by the tort from September 12, 2015 to September 21, 2015.

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