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(영문) 전주지방법원 2019.07.26 2018나8500
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The plaintiff's assertion

A. A. Around April 2008, the Defendant constructed fences on the boundary line of each land owned by the Plaintiff and the Defendant. On April 2014, the Defendant: (a) removed fences installed by the Plaintiff in order to create a road on the said boundary line; (b) occupied a land owned by the Plaintiff without permission by cutting off about 67 square meters; and (c) set up a boundary on the boundary line; and (d) installed a steel-line horse on April 22, 2016, the Plaintiff paid KRW 66,000 to the Plaintiff for surveying expenses of 66,00 won on the boundary line; and (b) conducted a boundary restoration survey and cadastral survey on the land invaded by the Defendant; (c) the Defendant is liable to pay the Plaintiff the said KRW 66,00 and damages for delay.

(Chapter 1). (b)

On May 1, 2016, the Defendant damaged KRW 345,000, totaling KRW 300,000 and KRW 345,000,00, owned by the Plaintiff on the boundary line of land owned by the Plaintiff and the Defendant. The Defendant is liable to pay the Plaintiff the damages incurred by the tort and the damages incurred by delay.

(Chapter 2). (c)

On April 12, 2016, the Defendant assaulted the Plaintiff on April 12, 2016, and the Plaintiff suffered emotional distress due to such infringement of life and body, and thus, the Defendant is obligated to pay consolation money of KRW 500,000 and delay damages to the Plaintiff.

(Section 3) 2. Determination

A. Comprehensively taking account of the overall purport of the pleadings as to Section A, No. 3, 4, and 5 as to Section 1, the Defendant set up a boundary by 67 square meters among the land owned by the Plaintiff; ② the Plaintiff paid KRW 66,600 to the Korea Land Information Corporation on April 5, 2016 in order to verify the size of the land owned by the Plaintiff and the boundary between the Plaintiff and the Defendant and the land owned by the Plaintiff; ③ the Korea Land Information Corporation surveying the cadastral status on April 22, 2016, thereby recognizing a specific fact, etc., on the ground that the area of the land owned by the Plaintiff, which the Defendant was deprived, may be recognized by surveying the cadastral status on April 22, 2016.

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