1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

The main lawsuit and counterclaim are also examined.

Facts of recognition

The Plaintiff is the owner of 9m2, D, 1,831m2, E, and 767m2 (hereinafter “Plaintiff’s land”).

From spring in 2011, the Defendant constructed a horse riding course and set in F, G, and H land around the Plaintiff’s land.

Plaintiff

There is an I river between land and the defendant's land.

(Reasons for Recognition) Facts without dispute, Gap 1 through 4, each entry or image of Eul 1 and 2 (including each number), the result of the appraisal by the appraiser J affiliated with the Korea Land Information Corporation, the purport of the whole pleadings.

The plaintiff's assertion of the parties was since 2011, the defendant, while doing construction, set the paths and gravels on the plaintiff's land, made it a yellow dust, and caused the plaintiff's land by putting off the openings around the land as a motor vehicle.

Therefore, even though the Plaintiff filled up the Plaintiff’s land at KRW 2.60,000 for restoration to its original state, the Defendant again caused the Plaintiff’s land while carrying out construction works around 2013, and thereby, the Plaintiff suffered emotional distress.

Therefore, the defendant should pay 19,503,000 won for restoration of land to the plaintiff and 5 million won for consolation money.

Defendant used earth and sand generated at the Defendant’s construction site at the Plaintiff’s request, and performed banking and cutting of the Plaintiff’s land. As such, the Plaintiff must pay the cost in accordance with the implied contract with the Defendant.

Even if the contract is not recognized, the plaintiff shall pay the expenses to the defendant pursuant to Article 739 of the Civil Act.

In addition, when the plaintiff requested the defendant to purchase the plaintiff's land but refused, the plaintiff filed a continuous civil petition in relation to the defendant's construction work, and bullying the defendant by making a telephone to the defendant, etc. Therefore, 30 million won for mental suffering suffered by the defendant should be paid.

Judgment

With respect to the plaintiff's main claim.