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(영문) 전주지방법원 2017.06.27 2016가단15558
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. Facts of recognition;

A. On August 2, 2012, the Plaintiff purchased the land of 2423 square meters and 2007 square meters in F miscellaneous land (hereinafter “Plaintiff’s land”) in Jinan-gun, Jeollabuk-do (hereinafter “Din”), Jeollabuk-do (hereinafter “Din”) and completed the registration of ownership transfer thereof on August 9, 2012.

B. On May 8, 2013, Defendant C purchased G 2353 square meters of forest land G from Defendant B (hereinafter “Defendant’s land”) and completed the registration of ownership transfer thereof on the same day.

C. The Plaintiff’s land and the Defendant’s land are adjacent land as indicated in the attached Form.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion was from around 1997 to 150 million won that the Plaintiff cultivated drilling and drilling on the Plaintiff’s land, thereby gaining profits at least KRW 15 million each year.

However, in around 2006, Defendant B performed illegal reclamation of natural rivers on Defendant’s land, and Defendant C performed an act of piling up stone on Defendant’s land around 2015.

The water that had been flowing through the natural river on the Defendant’s land before due to these acts by the Defendants had come to the Plaintiff’s land, thereby causing damage to the Plaintiff’s land such as air conditioning.

Therefore, the defendants should pay to the plaintiff the amount stated in the claim by tort compensation.

B. 1) Determination as to the claim against Defendant B, first of all, as to whether a tort was established, as to whether Defendant B committed an illegal reclamation of a natural river on the Defendant’s land by illegally reclaiming it, thereby causing damage to the Plaintiff’s crops, etc., the following images are examined: (a) the fact that the Plaintiff’s land was currently in water on the surface of the Plaintiff’s land is recognized; (b) on the other hand, it is acknowledged that Defendant B had water on the surface of the Plaintiff’s land; and (c) the overall purport of the pleading as to the entry in the evidence No. 3, namely, the Defendant B.

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