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(영문) 전주지방법원 2012.02.16 2010가단40279
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. The Plaintiff has installed a greenhouse made of plastics and vinyl on the 1,722 square meters, etc. in the 1607 square meters in Jeonbuk-gun, Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant land”) and the 1,722 square meters in neighboring C, and cultivated stoves.

B. In the above land, the pipes and underwater electric motors were installed in order to spread groundwater, and the ground water filled up by the spread was supplied to the land of this case through the waterway pipe. Of electric wires connected to the electric motor and the waterway connected to the land of this case, some of the electric wires connected to the underwater motor and the waterway connected to the land of this case was exposed above the ground surface.

(hereinafter “instant electric wires and waterway pipes”). (c)

The Defendant received the “D Road Expansion Works” from the head of the Korea Development and Management Agency of the Republic of Korea, among the “D Road Construction Works on the Go-ju-Yek Sck Scong-Scongk Road,” and accordingly, performed the Road Expansion Works (hereinafter “instant Construction Works”) around the instant land.

On the other hand, among the instant land, 20.4 square meters and 445.1 square meters among the instant land were divided into the instant land as part of the construction section around August 13, 2008 and divided into the said land, and the Plaintiff received compensation therefor.

[Ground of recognition] Facts without dispute, Eul evidence 6, Eul evidence 11-1 to 4, the purport of the whole pleadings

2. The Plaintiff asserted that the Defendant, while executing the instant construction, excavated the rocks and gravel near the instant land to the excavatingr, destroyed the instant electric wires and irrigation pipes without permission by piling them on the instant land, and that as a result, damage to the Defendant’s savine to death was incurred, the Defendant is liable to compensate the Plaintiff for profits from the sale of the sav mushroom, expenses incurred in the sav mushroom growing (the purchase cost of the sav, the expenses incurred in gathering the savth, the expenses incurred in gathering the savth, the electricity, and the expenses incurred in compensating the Plaintiff for the damages incurred therefrom.

3. Determination as to the occurrence of liability for damages

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