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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On July 10, 2013, the Plaintiff appointed the Defendant as a legal representative, and used the Defendant in this court “C is 602 square meters prior to Incheon, Incheon, the Plaintiff owned, thereby packaging the road and constructing a warehouse. The Plaintiff contaminated the Plaintiff’s farmland by discharging a house on the land of 863 square meters and sewage discharged from a stable, which is C-owned, without permission.” The Plaintiff filed a lawsuit claiming compensation for damages (this Court Order 2013Gadan20462) with the Plaintiff by removing 15 square meters, discharging outlet, one square meter, one square meter, one square meter, one square meter, and 20 square meters, respectively, on the ground packaging 602 square meters prior to D, and delivering the said land to the Plaintiff, and paying damages for delay.
B. On October 31, 2013, the Defendant filed an application for appraisal with this court on the appraisal of “The portion and size of land C occupies and uses concrete on the part of the above land, and C discharges wastewater without permission after installing sewage with the above land without the Plaintiff’s consent.” As such, the Defendant filed an application for appraisal of “the part and area where the Plaintiff is unable to use the above land due to sewage” with the appraisal of “the part and area
C. On November 25, 2013, this Court appointed F as an appraiser, and F submitted an estimated appraisal fee (6,510,000 won) to this court on November 29, 2013, and the Defendant paid KRW 1,992,400 on November 29, 2013 and KRW 4,517,60 on December 4, 2013, respectively.
In February 12, 2014, appraiser F had been used as a village lawsuit for the part that C voluntarily occupied and used concrete among the area of 602 square meters of the adjoining land in this court. The area occupied and used was measured as about 38.81 square meters as a result of the actual survey. As a result of the on-site response, water quality analysis of sewage flowing from outside to the Plaintiff’s land field was not detected, and the Plaintiff’s soil contamination level shows a very low concentration of heavy metals, organic metals, etc. as a result of the determination of soil contamination analysis.