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(영문) 서울동부지방법원 2016.02.24 2014가단120547
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From around 1969, the Plaintiff purchased and owned 1,679 square meters prior to C and 1,005 square meters prior to D from around 1970 (hereinafter referred to as each of the above lands, and cultivated a reduction, bean, and a shoulder in each of the instant lands.

B. In order to enter each of the instant lands, the Plaintiff has used a part of the E large 565 square meters (hereinafter “E”) adjacent to each of the instant lands, F large 701 square meters (hereinafter “F”) and 248 square meters (hereinafter “G land”) prior to G as farmland.

C. The above E land, F land, and G land were owned by H from around 1965. Since H died in around 194, the Defendant, his wife, on June 28, 1994, completed the registration of ownership transfer for G land on December 23, 2010 due to inheritance by consultation and division, and the Defendant owned a warehouse for the Government grain storage on the land E and F land.

From October 201 to December 10, 2012, the Defendant installed two pillars in the part abutting on E’s land and its front road, connecting them with the hacker column, and installed a corrective device as key between hacker and hacks.

E. Accordingly, around June 26, 2012, the Plaintiff filed a petition with the resident police station that the Plaintiff was unable to set up a farmer by installing the hacks, hacks, and corrective devices as above. On April 12, 2013, the Seoul District Court issued a summary order ordering the Defendant to a fine of KRW 500,000 due to the fact that the Defendant interfered with the Plaintiff’s cultivation of the pine field by force. However, the Defendant’s objection to the request for a formal trial under the Daegu District Court Residential Support Act 2013MaMa74, Jan. 14, 2014, the Defendant was pronounced not guilty on January 14, 2014.

F. The prosecutor appeals to the above judgment with the Daegu District Court No. 2014No344 and then files a preliminary appeal.

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