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(영문) 청주지방법원제천지원 2017.08.23 2016가단734
손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion 1) around September 12, 2014, the Plaintiff: (a) around 12, 2014; (b) the F.354 square meters from E incheon-si (hereinafter “instant land 1”).

2) As well as G 264 square meters (hereinafter “instant land”)

(1) A house on the ground of land of this case is purchased jointly with H and on the ground of each of the above lands (hereinafter referred to as “the first house of this case,” and “the other house” is the second house, and each of the above houses is “each of the instant houses.”

2) The construction of each new construction (hereinafter referred to as “instant construction”)

2) On the northwest boundary of the instant land No. 1, as shown in the attached Form, JJ 264 square meters (hereinafter “third land of this case”) owned by the I Village Association (hereinafter “village Association”), and there was a small river (K; hereinafter “the instant third land”) on thewest boundary, and there was a road adjacent thereto.

In around 2012, the three thousands of the instant land was changed to a higher height than 40 cm or 60 cm than that adjacent to the instant land. As a result, it was difficult to enter the instant land as a vehicle, E, the former owner of the instant land, has entered the instant land using part of the instant land No. 3 (attached Form (d) and hereinafter “the access road part”).

3) The Plaintiff, while performing the instant construction, shall obtain the consent of village residents and access roads for the instant house No. 1 (hereinafter “the instant access roads”).

(4) Defendant D paid the Plaintiff KRW 5,00,000 to the Village Development Fund, which would not interfere with the instant construction. The Plaintiff paid KRW 5,000,000 to Defendant D.

5 Nevertheless, the Defendants are the only way to enter each of the instant housing units around May 18, 2015, and are the Plaintiff’s right to passage over surrounding land.

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