(영문) 광주지방법원 2019.06.28 2018가단533886

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(영문) 광주지방법원 2019.06.28 2018가단533886

손해배상(기)

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1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Dong-gu Gwangju Metropolitan City C’s land located in front of the Defendant’s business site (hereinafter “instant land”). The Defendant, without the Plaintiff’s consent so that access to the Defendant’s business site is easy, covered part of the instant land by packaging it as an substitute stone to the extent of the floor of the Defendant’s business site and the height of the road.

B. Accordingly, the Plaintiff filed a lawsuit against the Defendant to the effect that “the instant land is restored (including removal thereof) to its original state before the Defendant’s construction work and purchased the instant land when it is impossible to restore it to its original state.”

(hereinafter referred to as “instant previous lawsuit”). C.

In the previous litigation on March 24, 2016, the Plaintiff and the Defendant concluded a judicial compromise between the Plaintiff and the Defendant to the effect that “the Defendant removes and restores the substitute site installed in part of the instant land by May 15, 2016. If delay occurs, it shall be paid KRW 100,000 per day delayed as damages.”

(hereinafter “instant conciliation”) D.

The defendant from April 30, 2016 to the same year.

5. During the period of February, 200, the Plaintiff removed the substitute site part of the instant land. However, based on the instant conciliation, the Plaintiff filed an application for replacement execution with Gwangju District Court D, asserting that the Defendant’s removal of substitute site alone is insufficient, and that the land should be made parallelly with another adjacent land and should be restored to its original state.

On January 2, 2017, the decision to dismiss the plaintiff's application for alternative execution is pending in the appellate court of Gwangju High Court(2018Ra4555).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 4, the purport of whole pleadings

2. The plaintiff asserted and determined that part of the land of this case, notwithstanding the content of the mediation of this case.

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