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(영문) 의정부지방법원고양지원 2015.08.20 2015가단8363
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of each piece of land owned by the Plaintiff in Pakistan-si, D, E, and F. The Defendants are the owners of each piece of land owned by the said Plaintiff, and Defendant C is the mother of Defendant B.

B. On February 1, 2013, as the result of the provisional attachment and the principal lawsuit against the Plaintiff’s land owned by Defendant B, Defendant B filed an application for provisional attachment against the Plaintiff for the claim amounting to KRW 27,606,497 against the Plaintiff on the said F land as the court 2013Kadan592, and received a provisional attachment order on February 18, 2013 (hereinafter “provisional attachment 1”). The ground for the application was as follows: “Defendant B shall dispose of the said G land inherited from the GJ, his father,” and the Plaintiff installed the said land without permission (such as installing the electric pumps and pipes installed by the Defendant, and reclaiming the said Defendant’s land across the street and buried the pipes, etc.; thus, Defendant B was also likely to bring an action against the Plaintiff for the removal and removal of the said installed land, or for the restoration of the said land, and thus, Defendant B was also likely to bring an action against the Plaintiff’s third party to the execution of the said land.”

(2) The Plaintiff filed an application for the order of provisional attachment No. 1 of this case against B, who had filed a lawsuit against the Plaintiff as the court 2013da911, and Defendant B filed a lawsuit against the Plaintiff on the claim for removal of provisional attachment, etc. among the said lawsuit, the Plaintiff paid KRW 500,000 to the Defendant until May 31, 2014, and until June 30, 2014, the Plaintiff removed the provisional attachment No. 9.8 square meters among the said G land, and transferred the relevant land to the Defendant.

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