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(영문) 부산지방법원 2014.06.27 2013가단43495
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff, the appointed party) and the appointed party respectively are 300,000 won and they are related thereto to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On April 30, 2004, the Plaintiff acquired the ownership of D large 129 square meters (hereinafter “Plaintiff’s land”) in Busan Northern-gu, Busan-do, and transferred the Plaintiff’s land into two-storys housing (hereinafter “Plaintiff’s housing”) on March 29, 2005.

B. On September 22, 1942, the network E acquired the ownership of 230 square meters of land C & 230 square meters (hereinafter “Defendant’s land”) in Busan Northern-gu, Busan, and thereafter acquired the ownership of the above ground housing and wooden warehouse, and on May 8, 2013, the network E inherited the ownership of 1/4 shares on May 8, 2013 by the Defendant and the designated parties.

(E) Nonparty F and G given up inheritance among inheritors. (C)

On the other hand, in the lawsuit claiming enforcement fines against the Plaintiff, the court 2012 Ghana 225485 filed by the network E against the Plaintiff, the conciliation of the following was established on February 21, 2013 (hereinafter “instant conciliation”).

1.(a)

Between April 29, 2013 and May 3, 2013, the network E removes 24 square meters (the portion of the illegal building on the ship, which connects each point of which is 222, 3, 44, 5, 66, and 24 square meters in sequence) of cement block structure (hereinafter “Defendant’s unauthorized Housing”) and wooden storage (hereinafter “Defendant’s unauthorized Warehouse”); and

B. The plaintiff is the above A.

During the period described in paragraph (1), the housing of cement block structure in Busan Northern-gu (attached Form 1, 2, 6, 7, and 16.5 square meters (in the order of each point in attached Form 1, 2, 6, 7, 1, hereinafter referred to as "Plaintiff's unauthorized building") shall be removed.

2. The network E and the Plaintiff, even if they were to impair the parts of adjacent illegal buildings during the period described in the above paragraph 1, shall waive their rights to compensation for damages from each other, and shall not raise any civil or criminal objection against them, including filing a civil lawsuit.

3. The network E and the Plaintiff.

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