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(영문) 청주지방법원 2019.08.14 2018나6212
토지인도
Text

1.The judgment of the first instance, including any claims added by this Court, shall be modified as follows:

The lawsuit of this case.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 2,291 square meters in the petitioner-gu, Cheongju-si (hereinafter “instant land”).

B. Defendant C is the owner of the area of 3,283 square meters (hereinafter “instant farmland”) prior to Cheongju-si, Cheongju-si, which is adjacent to the instant land, and Defendant C is the husband of Defendant C.

C. On April 2015, the Defendants cut and damaged the part of 71 square meters, which connects each point of the instant land in sequence with the indication 1, 10, 11, 12, 9, and 1 of the attached Form Nos. 1, 10, 11, 12, 9, and 1 among the instant land (hereinafter “the instant part of land”).

B. On July 16, 2015, the Cheongju-si ordered the restoration under Article 44(1)2 of the Mountainous Districts Management Act on the ground of illegal conversion of mountainous districts, and issued a supplementary order on March 16, 2016.

The Defendants: (a) taken measures to restore pine trees, etc. in the instant land; and (b) on April 11, 2016, the Cheongju City sent to the Defendants an official door to the purport that the illegal mountainous district conversion was completed appropriately.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 9 through 12 (including numbers, if any; hereinafter the same shall apply), the result of the measurement and appraisal commissioned by the Cheong-dong Vice Governor of the Korea Land Information Corporation, and the purport of the whole pleadings

2. Whether the part of the claim for the implementation of retaining walls construction and banking construction among the lawsuits in this case is legitimate;

A. The Plaintiff initially paid, against the Defendants, the amount of money calculated at the rate of KRW 1,00,000 per annum from April 30, 2015 to April 30, 2015, with a height of 5 meters or less as to the part of the instant land, after piling up a retaining wall using a stone embankment or a stove method with a height of 5 meters, and planting and delivering pine trees, etc., and selectively, the Defendants jointly paid damages to the Plaintiff and filed a lawsuit seeking the prohibition of interference with the entry into the instant farmland for the restoration to the original state.

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