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(영문) 수원지방법원 2021.02.04 2020나64033
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

Facts of recognition

A. The Plaintiff entered the judgment of the first instance court of Gwangju-si in the area of 4,188 square meters (agricultural promotion area) and D 347 square meters and E 3,038 square meters as “D 348 square meters and E 2,230 square meters” for the purpose of using it for cultivating rice farmers, but it appears to be a clerical error.

(hereinafter “each of the instant lands”) leased from K, etc., and at the time, each of the instant lands was difficult to cultivate crops due to the lack of geological features and the lack of land level.

B. Accordingly, around March 10, 2018, the Plaintiff and the Defendant, a dump truck driver for neighboring residents, provided earth and sand necessary for the molding and mination work of the instant land. However, the Plaintiff and the Defendant provided oral agreements to bear KRW 2 million for the cost of using the equipment, such as digging machines necessary for the molding work of the instant land.

On March 13, 2018, the Defendant: (a) concluded that the additional cost of KRW 500,000 is necessary; (b) the Plaintiff added the said KRW 500,000 to bear the total cost of KRW 2.5 million.

(c)

Accordingly, from March 13, 2018 to March 13, 2018, the name before the name of the Defendant and G appears to have been “H” with respect to the instant land.

The supply of earth and sand and molding work by F, a driver of the cateral cutting machines, were carried out by each of the instant molding work (hereinafter “instant molding work”).

(d)

After that, the Plaintiff confirms that serious malodor occurs in each land of this case from residents, but it was found that construction wastes, such as asphalt, concrete, steel bars, and PVC pipes, are buried on each land of this case (hereinafter “construction wastes of this case”).

E. The Plaintiff spent a total of KRW 1,874,00 from April 2018 to November 2018, and removed the instant construction wastes and completed the instant molding work.

F. Meanwhile, the J head delegated by the Gwangju City Mayor on June 22, 2018 against the Plaintiff, Defendant, F, G, and owners of each of the instant lands on July 22, 2018.

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