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(영문) 춘천지방법원강릉지원 2017.06.20 2016가합236
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is operating a maritime passenger transport service, etc., and the Defendant is operating cement manufacturing and selling business. 2) The Plaintiff was operating a c’C passenger transport service with the “C” route, but the Plaintiff decided to establish a “D” route other than the said business route to expand the business.

B. On August 14, 2012, the Plaintiff obtained the Plaintiff’s conditional marine passenger transport business license (1) at the request of the Defendant around August 14, 2012 and consented from the Defendant to use it as a large-scale room and parking lot site for the routes where the said additional construction is installed, at the time of Sejong-si, the Defendant owned. (2) On August 22, 2012, the Plaintiff, upon receiving the above consent, applied for the use of harbor facilities for the above land to the Gangwon-do Exchange Sea Headquarters, which is the competent authority, around August 22, 2012. On September 4, 2012, the Gangwon-do Exchange Sea Headquarters applied for the use of harbor facilities for the above land, and on September 4, 2012, the Gangwon-do Exchange Sea Headquarters established a private land (including the above E-owned land and FF land plus each of the above land; hereinafter “the building owner’s approval of the use of the land”).

3) Accordingly, on September 7, 2012, the Plaintiff requested the Defendant, who is the owner of the instant land, to consent to the use of the entire land of this case including E and F, and to the removal of the instant building, etc. on September 12, 2012. (4) The Defendant, upon the Plaintiff’s request on September 12, 2012, stated that “where it is deemed that the Plaintiff’s use of the instant land and the removal of the instant building, etc. are inevitable at the time of applying for relevant permission for the construction of passenger ship terminals and the construction of parking lots between D, consent to the use of the relevant land and the removal of the instant building

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