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(영문) 대전지방법원천안지원 2020.11.20 2018가합101669
손해배상(기)
Text

1. The Defendant: (a) KRW 26,325,00 for the Plaintiff and KRW 5% per annum from September 10, 2015 to November 20, 2020; and (b) from the following day.

Reasons

1. Facts of recognition;

A. Voluntary mediation between the Plaintiff and the Defendant 1) The Defendant from around 1988 to around 30, 1988, factory C on the ground of the Seo-gu, Seoan-gu (hereinafter “instant factory”).

A) In holding D-road 248 square meters, E-road 237 square meters, F-road 147 square meters (hereinafter referred to as the “instant co-ownership road”) together with D-road 248 square meters and F-road 147 square meters

A) G road 294 square meters (the aggregate of the above road and the co-owned share road of this case) shall be referred to as “each of the instant roads.”

Of the instant co-owned shares, 1/2 shares were owned by the Plaintiff, 1/4 shares were owned by the Defendant’s representative director, and G roads were owned by the Defendant. 2) From around 1987 to 1987, the Plaintiff was engaged in the business of “I” in the manufacturing business of the business of the business of the facilities located in the Ylllllllllllls and the single-story branch of the instant building (hereinafter “instant building”) in the instant building, and installed a retaining wall and the embankment (hereinafter “the instant embankment” by combining retaining wall and the embankment) in order to prevent the collapse of earth and sand. In order to prevent the collapse of earth and sand, the instant embankment was partially built in the instant building.

3) On January 30, 201, the Defendant had extended and newly constructed the instant factory. According to the Building Act, if the total floor area of the factory exceeds 3,000 square meters at the time, at least 4 meters adjoined to a road with a width of at least 6 meters. The total floor area of the Defendant’s newly built factory was at least 4,330.66 square meters, and the Defendant secured an access road with a width of at least 6 meters. On November 30, 2012, the Plaintiff received KRW 94,80,000 from the Defendant until November 30, 2012, at the same time, the Plaintiff entered into an ownership transfer registration procedure with respect to each of the instant co-ownership shares among the instant co-ownership shares to the Defendant on October 8, 2012.

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