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(영문) 창원지방법원 2016.10.28 2016가단3273
손해배상(기)
Text

1. Defendant C’s KRW 1,504,560 as well as 5% per annum from March 12, 2016 to October 28, 2016, respectively, to the Plaintiff.

Reasons

1. The Plaintiff is an owner of F. F. 51 m2 and G. 148.7 m2 in Kimhae-si.

Defendant C is an owner who was awarded a successful bid in the auction process of real estate auction and completed the registration of ownership transfer on December 13, 2004, and is an alcoholic beverage wholesaler company under the trade name of Defendant B Co., Ltd (hereinafter “Defendant Company”), Defendant D is the auditor of the Defendant Company, and Defendant E is the employee of the Defendant Company.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination on the cause of the claim

A. The Defendants, the cause of the claim, upon purchasing H land by auction, have used the F land owned by the Plaintiff and G land, and water, safety light, sewerage, and garbage pipes installed on each land owned by the Plaintiff without permission until now, and ② unilaterally damaged the block and fence constructed on the boundary of the Plaintiff’s land and the Defendant’s land, and made a ice packing on the Plaintiff’s land and made a stairs, and ③ interfered with the Plaintiff’s access to the Plaintiff’s land for planting cruel.

B. 1) Determination 1) Whether the Defendants without permission occupied F and G land owned by the Plaintiff without permission is insufficient to accept the evidence submitted by the Plaintiff, including evidence Nos. 7 through 9, and there is no other evidence. 2) Costs of removing blocks and fences, including the cost of restoring blocks, and the cost of removing asphalts, are the fences owned by the Plaintiff.

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