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(영문) 대구지방법원 2020.08.26 2019나323904
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Daegu Dong-gu Seoul Special Metropolitan City (hereinafter “instant land”) and the 10,909 square meters of forest E in Daegu Dong-gu, Daegu Special Metropolitan City (hereinafter “the instant forest”). As seen above, one grave (hereinafter “instant grave”) existed on July 22, 2005 on the ground of the instant forest located near the boundary.

B. On July 22, 2005, Defendant B completed the registration of ownership transfer under his name on the ground of sale on July 21, 2005. On November 16, 2005, Defendant B newly built detached houses on the ground of the above land (hereinafter “instant housing”) after obtaining a construction permit from the Dong-gu Office of Daegu Metropolitan City on November 16, 2005, and obtained the approval for use from the Dong-gu Office of Daegu Metropolitan City on March 21, 2006.

The defendants are residing in the above house from around that time to the date of closing the argument in this case.

C. From around 2017, the Plaintiff has continuously filed a civil petition on the ground that the instant grave was one’s own abandoned grave, and that the instant house violated the base of the instant grave.

On April 16, 2018, Defendant B taken a photograph of repair works, such as the roof, gate, roof, and eaves of the instant housing, and the Plaintiff taken the instant housing and construction conditions for the filing of a civil petition. On the same day, there was a vagabonds accompanied by physical contacts between the Plaintiff and the Defendants.

The plaintiff and the defendants filed a complaint for violence or injury against both parties.

On September 18, 2018, the Daegu District Prosecutors' Office rendered a non-prosecution disposition to the effect that there is no suspicion of incompetence of evidence regarding the plaintiff's assault or injury, and rendered a non-prosecution disposition to suspend the indictment on the same day with respect to the fact that the defendant C is under joint injury.

The Daegu District Prosecutors' Office filed a summary order against Defendant B. On October 19, 2018, the Daegu District Court rendered a summary order, and on October 19, 2018, the Daegu District Court rendered the Plaintiff's head once by drinking the Plaintiff, and on October 2, 201, the Defendant B left the Plaintiff's shoulder.

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