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(영문) 청주지방법원영동지원 2019.02.01 2018가단779
방해금지청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

The plaintiff asserts that the plaintiff's land is more known than the defendant's land, and that the ditches for natural oil was installed between both lands. However, since the defendant closed the above ditches and thus the fence could collapse between the above two lands, the defendant is obligated to restore the above ditches and allow natural oil to be restored, and the defendant is obligated to pay 50,000 won per day to the plaintiff.

If Gap evidence Nos. 1 and 2 added the purport of the entire pleadings, the plaintiff completed the registration of ownership transfer on April 17, 1999 with respect to the land of 121 square meters (hereinafter “Plaintiff’s land”). The defendant completed the registration of ownership transfer on December 7, 2006 as to the land of 70 square meters (hereinafter “Defendant’s land”), and the land of the plaintiff and the defendant are adjacent to each other.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant closed a ditch constructed between the Plaintiff’s land and the Defendant’s land and obstructed water naturally flowing into the Defendant’s land from the Plaintiff’s land, and there is no other evidence to acknowledge it.

(1) The plaintiff's claim is dismissed on the ground that the plaintiff did not appear on the date of mediation and the date of pleading after the resignation of his attorney. Thus, the plaintiff's claim is dismissed as it is so decided as per Disposition.

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