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1. Defendant C Co., Ltd.: (a) KRW 600,600 as well as 5% per annum from December 30, 2018 to August 21, 2019.
Reasons
1. Facts of recognition;
A. On January 9, 1997, the Plaintiff purchased the Plaintiff’s share of 186 square meters (hereinafter “Plaintiff’s land”) in Suwon-si, Suwon-si, Suwon-si, and Defendant B acquired the ownership thereof. Defendant B acquired the ownership of 142 square meters in Suwon-si, Suwon-si E on September 19, 197 due to inheritance of property on September 19, 197, and became a sole owner on October 27, 201, by acquiring the remaining co-inheritors’ share and ownership of a building on the ground of the inheritance. Defendant C is a construction contractor installing gas pipes (hereinafter “instant gas pipes”).
B. On January 19, 2018, the Plaintiff entered into a lease agreement with F on March 12, 2018 to March 11, 2020 with respect to the term of Suwon-gu G Building H, Suwon-gu, Suwon-si, with the deposit amount of KRW 50 million, and the Plaintiff’s children Nonparty I entered into a lease agreement with the J on August 25, 2017, setting the Geumcheon-gu Seoul K Building L term from July 2, 2017 to July 1, 2019, respectively.
C. The Plaintiff discovered that the instant gas pipeline was laid underground in part of the Plaintiff’s land, and April 2018; and
5. Defendant B requested the Defendants to remove the gas pipelines, and Defendant B knew that the consent of the Plaintiff was obtained at the time the gas pipelines were laid underground, and the accurate facts were discussed with the city gas side. Defendant C sent each reply to the purport that the cadastral survey is necessary to clarify whether the instant pipelines invaded the boundary of the Plaintiff’s land.
Around June 2018, the Plaintiff requested a cadastral survey to the Korea Land Information Corporation branch office and disbursed KRW 600,600,000 to clarify whether the instant gas pipeline was buried in the boundary of the Plaintiff’s ownership.
E. Meanwhile, on November 29, 2018, Defendant C had removed gas pipelines laid underground on the Plaintiff’s land, and the cost was borne by Defendant B, etc. to whom gas was supplied with the instant gas pipelines.
[Reasons for Recognition]