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(영문) 부산지방법원 2016.09.29 2015가단49961
손해배상(기)등
Text

1. The Defendant’s KRW 2,191,60 for the Plaintiff and 5% per annum from July 22, 2015 to September 29, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the area between 506 cubic meters and 229 cubic meters of the area between 506 cubic meters and the area between Gyeongnam-gun and Gyeongnam-gun.

The network E is the owner of 9815 cubic meters of forests and fields Franchising in South-west Sea;

(hereinafter referred to as "land") shall be specified only as a parcel number.

Plaintiff

The network E-owned F land is located below the land owned C and D.

C. Around December 2014, in the process of creating a farm road into the network E-owned land by using sclick equipment around December 2014, the Defendant, a part of the attached Form Form (b) and 35 cubic meters of the land owned by the Plaintiff, and the part (d) of the attached Form (d) and 19 cubic meters of the D land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 13 through 16 (including a provisional parcel number; hereinafter the same shall apply), the result of surveying and appraisal of the Korea Land Information Corporation in this Court, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, in the process of creating a farm road into a network E-owned land, the Defendant committed a tort against the Plaintiff’s land owned by the Plaintiff, i.e., the part 35 cubic meters of the attached drawing(b) and the part 19 cubic meters of the attached drawing(d) and the part 19 cubic meters of the land owned by the Plaintiff, and thus, the Defendant is liable to compensate the Plaintiff for

The defendant asserts that the part of the annexed drawing(b) is removed from interference with passage through the flat, and that the part(d) of the annexed drawing(s) is not damaged due to removal of knb from the land owned by the plaintiff and that the part(d) of the annexed drawing(s) is not prejudicial to the plaintiff's land. However, according to the defendant's entrustment of survey and appraisal with respect to the Korea Land Information Corporation, in the process of creating a farm road, it is recognized that the defendant damaged the part(d) of the annexed drawing(s) in the annexed drawing(s) and 19 cubic meters of the land owned by the plaintiff in the course of creating a farm road, and the part(s) in the annexed drawing(s) in the annexed drawing(s)(2), 1, 2 and 4 are insufficient to reverse the above recognition,

(b) liability for damages.

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