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(영문) 창원지방법원 2014.10.14 2014나3522
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is the owner of 41m2 (hereinafter referred to as “Plaintiff-owned land”) in macro-si C (hereinafter referred to as “C”), and the Defendant was in charge of daily petition affairs, etc. as E working in macro-si, and was in charge of the Defendant’s affairs of living civil petition affairs, etc. on the macro-si website “F”, and the Defendant was also in charge of the civil petitioner’s response to writing.

B. Meanwhile, on the other hand, G newly built I with a building permit on the H on or around March 16, 2004, and obtained approval for use on or around January 7, 2005. On April 16, 2009, J 1,419 square meters adjacent to the land owned by the Plaintiff and obtained a building permit on the ground adjacent to the land owned by the Plaintiff (hereinafter “instant building”) and obtained approval for use on September 21, 2009.

J Land was merged into H land on May 14, 2013 (C).

On October 27, 2008, the Plaintiff posted a letter stating that G cuts the Plaintiff’s land on the homepage “F” and thus, the Defendant responded to this reply, stating that “The land management responsibility is thickness, the owner of which is the owner, and the ear thickness is likely to ensure that the request for reinstatement is made to the person who damages the land.”

After that, the Plaintiff cut the land owned by G, etc. without obtaining permission from the competent authorities, and conducted development activities such as constructing a new building by changing the form and quality of J and H land without permission, and filed a civil petition to reinstate the land category of J and H land and cancel the approval for use of I and the instant building on several occasions.

E. In addition, on July 21, 2010, August 6, 2010, and August 8, 2010, the Korean Anti-Corruption and Civil Rights Commission (“Korea Anti-Corruption and Civil Rights Commission”) published a notice on the purport that the Plaintiff would recover the Plaintiff’s damage and request the recovery of the damage. On July 29, 2010, and August 18, 2010, the Defendant is obliged to treat the instant case by agreement between the civil petitioner and the J landowner, and the alteration of the form and quality of the said land and the buildings on which the civil petition was filed.

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