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(영문) 서울서부지방법원 2018.05.30 2016가단256237
손해배상(기)
Text

1. The Defendant’s KRW 84,573,992 and KRW 15,329,376 among the Plaintiff and the Plaintiff’s KRW 15,329,376 from December 1, 2012 and KRW 15,091,973.

Reasons

1. Basic facts

A. On June 29, 1989, the Plaintiff completed the registration of ownership transfer with respect to 1/4 shares of B forest No. 69,807 square meters (hereinafter “the instant forest”). On July 20, 201, the Plaintiff became the entire owner of the instant forest land by acquiring the remaining shares of the owners in sequential order.

After that, the forest land of this case was sold to C and D in the voluntary auction procedure and the registration of ownership transfer was completed on January 3, 2018 due to the sale due to the voluntary auction.

B. The location and shape of the instant forest is identical to that of the attached air operator 1, and there are roads on the north andwest side of the instant forest land (hereinafter “road adjacent to the instant forest”).

However, prior to the Plaintiff’s acquisition of ownership of the forest of this case, the military unit affiliated with the Defendant (hereinafter “instant military unit”) installed approximately 1 km, approximately 20 personal defense, and approximately 10 concrete miters and mits for military training in the forest of this case, as shown in the attached Table 2, on the forest of this case.

In addition, the E wall with a height of four meters, which is a military installation, is installed in the form surrounded by the north andwest side of the instant forest (the part of the red solid lines among attached Tables 1 and 2, is the location of the E wall). There is no passage to pass through the said E wall, except for those with a width of 1m in the middle of the E wall and a tunnel with a capacity of 10m in length, 10m in length.

C. The forest land of this case is the highest part of the military helicopter in the south of the East, and is the topography where the malination of the north and the malination of the south and south side direction in the military helicopter is fully lowered.

[Ground of Recognition] Facts without dispute, Gap's entries, Gap's 1, 9 through 15, 18 through 20, 24, 33 through 36, 42 through 44, 46, 53 evidence, Eul's 1, 3, 4, 7, 8 (including additional numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, which caused the Plaintiff’s claim, shall own land within military installations, such as traffic bank, etc. among the instant forest land owned by the Plaintiff.

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