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(영문) 전주지방법원 2018.04.18 2016가단28127
손해배상(기)
Text

1. The Defendants: KRW 10,175,00 for each Plaintiff and KRW 5% per annum from November 23, 2017 to April 18, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 7,240 square meters of forest E in Do-gun, Jeollabuk-do (hereinafter “the instant forest”). Defendant B is a person who has been living in Do-gun, Jeollabuk-do, Jeollabuk-do, and has left farming houses in 3793 square meters of land in Do-gun, Jeollabuk-do-gun, Jeollabuk-do-gun, Jeollabuk-do-do, and Defendant C is the owner of 1,383 square meters of land and 1,000 square meters of land in Y-gun, Jeollabuk-do-do-gun, Jeollabuk-do-do.

B. Defendant C, who was owned by the above Defendant, was able to establish and reside in the future on the land surface, including H, and around July 2015, Defendant C was introduced through Defendant B, who was an equipment engineer, and Defendant D, and was engaged in molding work for the said land (hereinafter “instant molding work”).

C. Defendant C, without the consent of the Plaintiff, who is the owner of the instant forest in the course of performing the instant molding work, had J, etc. use the way to enter and depart from dump trucks, digging machines, etc. (hereinafter referred to as “instant road”) along the instant forest, on the way that the width of the road is assumed to be about 320 to 350 cm, and its length is presumed to be about 76.5 m., and it was used as a school to enter the nearby elementary school by village residents since several hundreds of years, and the vehicles or fishing vehicles passing through the instant road.

The instant molding work was conducted from July 2015 to August 201 of the same year. While the said molding work was underway, approximately 400 dump trucks were transported by six dump trucks over several days along the instant passage. As such, the instant road was severely damaged by the floor of the instant road, such as dump trucking and lowering the floor at a corner.

E. The defendant B used the passage of this case for a long time to cover his residence and farmland, and it is difficult for the defendant B to cover his own residence and farmland during the last period.

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