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(영문) 춘천지방법원 2017.02.28 2016가단5989
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. 1) The Plaintiff is liable to compensate for damages. The Plaintiff’s land Hongcheon-gun C (hereinafter “Plaintiff’s land”).

2) The Defendant is the owner of the Plaintiff’s land and the Defendant is the owner of the D land adjacent to the Plaintiff’s land.

) The Ethical Eth (hereinafter referred to as “foreign clan”) who is the owner of the Ethical E.

(2) Around July 2010, the Plaintiff paid KRW 3 million to Nonparty clans for the purpose of cultivating crops on the Plaintiff’s land, and opened a road of KRW 5 meters in width on the land of clans (hereinafter “instant road”). On March 2014, the Plaintiff planted approximately KRW 6,600 square meters among the Plaintiff’s land.

3) However, around May 2014, the Defendant asserted that he leased a clan’s land from Nonparty of the clan, and obstructed Plaintiff’s passage by closing the instant road completely. 4) Accordingly, the Defendant died of Dora in its entirety because it was impossible to manage the Dora as it was impossible to access the Plaintiff’s land.

5) Without being able to do so, on October 4, 2013, the Plaintiff filed a lawsuit against the non-party clan seeking confirmation of the right to passage over surrounding land with the Chuncheon District Court 2013da13057 (hereinafter “instant claim for passage”).

A) On June 8, 2016, the court issued a ruling of recommending reconciliation with the purport that the Plaintiff has the right to passage, which became final and conclusive. (b) The scope of compensation for damages is as follows: (i) According to the “the profitability for fireworks and the professional farming management model” of the issuance of the Agricultural Management Office of the Rural Community Development Administration for the damage of Dora income, it is investigated that the Plaintiff may bring about net income equivalent to KRW 3,558,928 per 10 per 10 (are) in the event that the Dora is cultivated, and thus, it is investigated that the Plaintiff may bring about net income equivalent to KRW 23,48,925 in the case of 6,600 square meters in the case of the Plaintiff’s flowers land growing area (6,600 square meters x 6.6 x 3,58,928 won) due to the Defendant’s closure of the road in this case.

2. The Plaintiff’s claim for the instant traffic right is the Defendant’s closure of the instant road.

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