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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Korea Rail Network Authority is an executor of the instant construction work between the central line subcontractor and the prime contractor (hereinafter “instant construction”). Pung Forest Industry Co., Ltd. (hereinafter “Pung Forest Industry”) is the commencement of the said construction work.
B. On May 12, 201, the winding industry and the Plaintiff’s husband C, the Plaintiff’s children D, and E entered into an agreement on the use of earth and sand (collection, gathering, loading, transporting, and restoring soil and stone) required for the instant construction soil piling up of the original state forest owned by C, D, and E (hereinafter “the instant agreement”) (hereinafter “the instant agreement”). According to the said agreement, C, D, and E provide the said land (hereinafter “the instant soil erosion”) as the soil erosion site, and the period of use of the soil erosion site is from June 15, 201 to June 30, 201 after the completion of the authorization or permission or from June 30, 2012, C, D, and E actively cooperate in all of the soil and stone gathering, loading, transportation (limited to within 500 meters from the boundary of the soil erosion), restoration, and access roads.
The defendant was supplied with the gathering and transportation of soil and sand from the winding industry under the above Convention.
C. The Plaintiff is the owner of G site and its ground building (Hyang and house) adjacent to the instant soil borrow site. At the time of the instant agreement, the Plaintiff discussed with the parties thereto as stated in the agreement. From September 15, 2011 to June 25, 2012, the Defendant passed the front of the instant building for the purpose of gathering earth and sand in the instant soil borrow site.
Plaintiff
C, D, and E (hereinafter “Plaintiff, etc.”) against the Korea Rail Network Authority and Pream Industry on November 20, 2013, when the Korea Rail Network Authority and Pream Industry agreed to restore to its original state after using the instant soil erosion in accordance with the instant agreement, resulting in damage to C, D, and E. In the course of collecting and transporting soil and sand, damage to Hyang and housing operated by the Plaintiff was inflicted or landscaped.