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(영문) 청주지방법원 2016.11.09 2015가합22325
배수관철거 및 소유권방해금지 등
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the production of agricultural products.

From November 201, the Plaintiff owned 9,166 square meters in Cheongju-si, Cheongju-si (hereinafter “instant land”).

B. Defendant B and Defendant C are directors of Defendant A Co., Ltd. (hereinafter “Defendant Company”).

Defendant B and Defendant C own 1,812 square meters each of each of their respective shares in Cheongju-si, Cheongju-si, the Gu Office E-sports site (hereinafter “instant land”) and 9,509 square meters adjacent to the south of the instant land from August 2009, and one-half shares, adjacent to the south of the instant land.

C. On the ground of the instant land E, the Defendant Company operates the electrical construction business, and Defendant B and Defendant C operate the golf practice range (hereinafter “instant golf practice range”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, Eul's evidence 16 (each number is included; hereinafter the same shall apply) and the whole purport of pleading

2. The assertion and judgment

A. The Defendants filed a claim against the Defendants to prohibit water discharge on the ground of the instant land, which led to a drainage pipe leading to the part of “A” as indicated in the annexed drawings, from the collection (hereinafter “water collection wells”) of the part on the ground of the Plaintiff’s allegation, to the part on “A” as indicated in the annexed drawings. The Defendants have discharged water through the collection of the instant land while running a business on the ground of the instant E land. In the process, the aforementioned collection and distribution and drainage pipes are suffering from flood damage caused by the deterioration of the land owned by the Plaintiff. Accordingly, the Defendants, as the owner of the instant land, are obliged not to discharge water on the instant land through the collection of the instant land, to the Plaintiff seeking the removal and prevention of such disturbance. (ii) The Defendants are obliged not to discharge water from the land owner through the collection of the instant land.

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