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(영문) 춘천지방법원 2018.05.09 2017가단50023
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

가. 원고 A은 강원 홍천군 F 목장용지 330㎡(이후 지목변경, 합병, 분할 등으로 F 대 247㎡, G 대 477㎡, H 대 162㎡, I 대 316㎡, J 대 276㎡ 등으로 나뉨), K 전 269㎡(이후 합병, 분할, 지목변경으로 K 대 500㎡, L 전 570㎡로 나뉨) 등을 매수하여 2002. 11. 11. 소유권이전등기를 마치고, K 지상 건물에 관하여 2012. 5. 17. 소유권보존등기를 마쳤다.

Plaintiff

Plaintiff B, the wife of Plaintiff A, completed the registration of initial ownership from November 28, 201 to November 19, 201 (hereinafter collectively referred to as “Plaintiff A and B’s building”), and Plaintiff C and D, the parent of Plaintiff A, resided in the housing of the G 2nd floor, and leased and managed the Plaintiffs.

B. On March 12, 2008, the Defendant purchased 3,276 square meters for M farm land, and purchased 2,942 square meters prior to N on April 1, 2013. From August 1, 2005, the Defendant constructed (the permission was granted on April 8, 2005; the approval was obtained on August 25, 2005) animal and plant-related facilities, including the compost of the general steel structure, on the ground of M farm land, and operates the Osib farm (hereinafter “sib farm”).

C. The location of the Plaintiffs’ buildings, Plaintiff A’s land and the Defendant’s land is as follows (the lower side is the Plaintiffs’ side, the lower side is the Plaintiffs’ side), and there is a P ditch of 764 square meters (hereinafter “instant ditch”).

The chest farm consists of 675m2 and 1,544m2, etc. of a breeding facility, and only a roof is installed in a breeding facility with a compost, and the defendant is registered as a livestock breeding business in accordance with the laws and regulations on the livestock industry and received the registration certificate from the head of Hongcheon-gun on May 26, 2016.

E. The Hongcheon-gun, on February 29, 2016, has been installed outside the fence in the breast stock farm as a joint result of the joint inspection by the Defendant, and the foul waste flows out of the fence.

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