beta
Text
1. The Defendants jointly share KRW 15,694,600 with respect to the Plaintiff and KRW 5% per annum from September 5, 2016 to February 14, 2020.
Reasons
1. Whether liability for damages arises;
A. Facts of recognition 1) The Plaintiff is exempt from entry into the land D (hereinafter “Eup”) in the petition-gu, Cheongju-si.
(2) The Defendants, as the owner of the instant land, owned the F-based Forest Land No. 10964/45824 square meters adjacent to D land in proportion to Defendant B’s 10964/45824 shares, and Defendant C owned the portion of 1,322 square meters adjacent to D land in March 27, 2015, by jointly owning the same in proportion to Defendant C’s 10964/45824 shares.
3) On May 12, 2016, the land before subdivision was divided into G forest 20026 square meters. On June 8, 2016, part of the land purchased by the Plaintiff was divided into H forest 1,322 square meters in G forest 2026 square meters (hereinafter “Plaintiff’s land”); and the remainder of the land after subdivision is “Defendant’s land.”
3) At the time of purchase of the Plaintiff’s land, the boundary between the Plaintiff’s land and the Defendants’ land (hereinafter “instant boundary”).
(4) On June 2015, in order to construct a “I” factory on the ground, including the Defendants’ land, the lower part of the land was located. On the basis of the above boundary line, the Defendants established a vertical reinforcement retaining wall of approximately 4.9m high in height on the Defendants’ land, along the boundary line of approximately 77.6m of the total length of the instant boundary line, approximately KRW 50m (the left side in the direction of Bara in the Plaintiff’s land), to which approximately 4.9m high on the Defendants’ land.
5) From April 14, 2016, the Plaintiff newly constructed a factory on the Plaintiff’s land (hereinafter “Plaintiff factory”) by adding it to the factory described in the foregoing paragraph (1) on the Plaintiff’s land.
6. Around September 5, 2016, the Plaintiff and Defendants were put to the vicinity of the Plaintiff and Defendants’ land. Before the same day on or before 7:10, the Plaintiff’s factory was cut to the lower part of the lower part of the Defendants’ land where the retaining wall of the said reinforced soil was installed.