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(영문) 전주지방법원 2014.10.24 2014가합962
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

A. The Defendant B completed the registration of ownership transfer on the ground of each purchase and sale of the instant land, etc. (1) on December 19, 1995, with respect to the land of this case, etc., Defendant B, who acquired on December 19, 1995, with respect to the land of this case, 1,262 square meters and D large 29 square meters. Each of the said land is adjacent to the 21,619 square meters of land for Kim Jong-si, which is a State-owned land.

(2) On January 13, 1996, Defendant B, adjacent to the “E ditch,” completed the registration of ownership transfer on the grounds of each sale as to the “C site” and the “C site” based on the “E ditch” (hereinafter “instant land”) and the “D site 1,643 square meters” and the “169 square meters” of G road (the ownership share of this land was transferred to some other persons and became the public land).

B. (1) New construction of the instant building, etc. by Defendant B, on the ground of the instant land, Defendant B newly constructed a building of 183.6m3m2, 183m2, 109m2, and 109m2,000,000 on the instant land, which is a neighborhood living facility (hereinafter “instant building”), and installed auxiliary facilities, such as septic tanks, to obtain approval for the use of a restaurant, which is a neighborhood living facility, on March 25, 1997, and completed registration of the ownership on January 21, 199.

(2) Meanwhile, on the basis of “E ditch”, two buildings were newly constructed on the ground of “C site” located adjacent to the instant land, and on January 15, 2001, the registration of ownership preservation was completed in the name of Defendant B, the wife of Defendant B.

C. Defendant B’s installation and reporting of the purification tank (1) was ordered from Defendant Kim Jong-si to extend the purification tank due to lack of the treatment capacity of five existing septic tanks, which had been offered from Defendant Kim Jong-si for the use of “H” restaurant, and on October 21, 1999, Defendant Kim Jong-si reported the installation of sewage purification facilities, and buried the treatment capacity of which is connected with the purification tank of 25t, and buried below the “E ditch” and “D site.”

(2) Nevertheless, Defendant B installed a septic tank in “C site”.

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