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(영문) 대전지방법원천안지원 2016.12.09 2014가합2429
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiffs KRW 135,36,00 and interest rate of KRW 15% per annum from October 21, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiffs operate E at the Dong-gu, Nam-gu, Dong-gu, Dong-gu, and the Defendant operates G golf course (hereinafter “instant golf course”) at the Flunwon, Nam-gu, Dong-gu, Dong-gu, Seoul.

B. On June 14, 2005, the Plaintiffs and H sold 304,92 and 3,111 of access roads, part of the E site, to the Defendant at KRW 15,00,000,000. The Defendant constructed the instant golf course from October 2009 to February 201.

C. In constructing the instant golf course, the Defendant set up near the boundary line of the instant golf course with E (the line connecting each point in the indication of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10) and installed a golf course passage (hereinafter “road in the instant golf course”) at a location higher than that of E depending on the said boundary line.

According to the sale of the land already used as E playground to the defendant, the plaintiffs are using the land (the part under which the drawings are indicated) in the Dong-gu, Dong-gu, Nam-gu (Attached Form) as a new playground (hereinafter referred to as "the playground of this case").

E. On November 30, 2009, when the defendant and the plaintiffs opened the defendant's access road to the boundary of the present defendant and the plaintiffs' land, the plaintiffs set up a part abutting on the road at the present site of K due to the plaintiffs' opening of the playground (J, I) and the neighboring night tree farm access road (from the upper part of children's playgrounds and sperm to the entrance of the playground scheduled site) to make it easy for the plaintiffs to enter the playground. However, the plaintiffs bear the expenses for underground drainage pipes, etc.

[2] The agreement of this case is “the agreement of this case” and the agreement of this case (No. 2) prepared at the time of the agreement is “the agreement of this case”). (f) At present, in order for the plaintiffs or the tourists of E to pass through the athletic field of this case, they are going up with the passage roads in this case.

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