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(영문) 제주지방법원 2018.09.17 2017가단53325
손해배상(기)
Text

1. The defendant shall pay the plaintiff A KRW 2,500,000.

2. The defendant against the plaintiff B,

(a) 1207 square meters prior to Jeju-si.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on November 1, 1973 with respect to the land of 1207 square meters (hereinafter “instant land”) before Jeju-si, Jeju-si, and the Defendant is the owner of the E and F land adjacent to the instant land in Jeju-si, Jeju-do (hereinafter “Plaintiff’s land”).

B. Around April 2014, the Defendant sold 180 tons of natural stone extracted from the instant land without the Plaintiff’s permission, at a brick factory where the trade name in G cannot be known, after receiving KRW 2.5 million.

C. From May to June, 2015, the Defendant installed a stone fence on the line connecting each point of the matters indicated in the annexed drawing Nos. 6, 14 through 19, and 8 among the instant land, and carried 25 tons of dump truck on the underground and on the ground of the same map Nos. 7, 6, 14 through 19, 8, and 7 in sequence.

On the other hand, on December 30, 2015, Plaintiff A completed the registration of transfer of ownership on the instant land on the ground of Plaintiff B’s donation made on December 29, 2015.

[Ground of recognition] Facts without dispute, Gap 1-6 evidence, Eul 1 evidence (including paper numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above fact of recognition of the liability for damages, the Defendant, without the permission of the Plaintiff A, carried natural rocks out of the instant land and incurred damage equivalent to the market price of natural rocks that were carried out to the Plaintiff A, is obligated to pay 2.5 million won, which the Defendant sold to the Plaintiff A, as compensation for damages.

B. (1) According to the above facts of recognition, the Defendant is obligated to remove the above stone fences to the Plaintiff B, as it intrudes on the boundary of the land of this case by installing a stone fence on the line connecting each point of 6, 14, 19, and 8 of the annexed drawings among the land of this case.

(2) In addition, according to the above facts of recognition, the defendant takes out from the land of this case and takes 25 tons of dump trucks in lieu of natural rocks.

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