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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the 1,243 square meters in Ulsan-gun, Ulsan-gun (hereinafter “instant land”). Defendant C is the E field land located north of the instant land, and Defendant B is the owner of the 8,882 square meters in the north-dong area of the instant land.
B. Since around 2014, the Defendants performed embling and cutting up of a considerable size of land owned by them for the construction of factories and access roads, etc. from the land owned by them. On the date the Defendants get off and cut off the land owned by the Defendants, the Defendants flow a considerable amount of running water and earth and sand on the land owned by the Plaintiff.
C. Before the Defendants’ embanking work, there was no particular damage to the flow of flowing water through ditches in a natural state formed on the boundary of the land and the Defendants’ land, but as seen above, a large quantity of flowing water after the Defendants’ embanking work flows into the land of this case, making water length on the floor of the land of this case where tree is planted, water was stored on the floor, and earth and sand were partially covered by the instant land.
Accordingly, the Plaintiff suffered considerable damage due to the decrease in yield, etc. of part of each part of the tree planted near 300 fest to the land of this case, and some of them reduced yield.
Accordingly, when filing the instant lawsuit against the Defendants, the Plaintiff demanded compensation for damages, and the Plaintiff installed a retaining wall so that flowing water does not flow out on the instant land as a result of the commission of appraisal to the court appraiser G conducted by the Plaintiff’s application, and submitted an appraisal statement to the effect that a total of KRW 113,410,000 is spent in direct and indirect construction costs, etc. when intending to restore the instant land to the original state, such as discharging earth or sand
E. Meanwhile, the Defendants laid a water path to prevent flowing water around the Plaintiff and the instant land at around May 2017, which is pending in the instant lawsuit, and flown away from earth and sand.