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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. Summary of the plaintiff's assertion
A. The Plaintiff, as the owner of E forest land in Gwangju City, E 559 square meters and F forest land 265 square meters and 1046 percent of 4436 square meters (hereinafter “E land” and “F land,” the sum of which is referred to as “instant land”), was engaged in construction work, such as flating the floor for the purpose of constructing a new house on the land E and conducting landscaped natural stone on the boundary of neighboring land.
B. The Defendants, around September 2003 and around January 2005, submitted a false written consent to the use of the instant land in the name of Defendant B and C with respect to the purpose of developing the GJ located in the south of the instant land into the electric source housing complex, and obtained permission for mountainous district conversion from Gwangju City, and used the instant land in mind.
C. The Defendants, in the process of developing a housing site, accumulated a huge quantity of land into E and stored in E land, and changed the flat E land into land in which crypted and sloped.
In addition, the Defendants committed the instant land in order to develop the housing site, and opened and packed the road.
The Plaintiff, as the above acts of the Defendants, sustained damages from the use of the instant land for several years, and the Defendants shall compensate for the damages from the clinical fund.
E The rental fee of KRW 59,35,00 is KRW 59,35,00 from January 1, 2005 to July 25, 2017, in which the Defendants prepared a written consent to use of land, and the rental fee equivalent to the Plaintiff’s share from September 1, 2003 to July 25, 2017, in which the Defendants prepared a written consent to use of land from September 1, 2003 to July 25, 2017, the Defendants are jointly obligated to pay KRW 61,820,50 to the Plaintiff.
E. The Defendants are obligated to perform the construction works on E’s land and the road removal works on the instant land. The Plaintiff seeks the Defendants to perform the said construction works around the Plaintiff, and, in addition, the costs of flatizing E’s land and road removal works, costs of KRW 7,280,765, and costs of road removal works on F’s land 51,814.