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(영문) 대전지방법원 2015.06.05 2014나17136
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 12, 1997, the Plaintiff completed the registration of ownership transfer with respect to the portion of 12,357/16,793/16, out of 16,793 square meters of D forest land in Seosan-si. On November 30, 1999, the Defendant completed the registration of ownership transfer with respect to the remaining share of 4436/16,793 among the above D forest land and the above D forest adjacent to Seosan-si, Seosan-si, a Metropolitan City adjacent to the above D forest.

B. On July 9, 2010, the Plaintiff was sentenced to a fine of KRW 3 million as a violation of the Management of Mountainous Districts Act on July 26, 2013 due to the crime of changing the form and quality of 462 square meters in the above D forest and C forest illegally packed concrete, for the purpose of opening an access road to a new house in the said D forest and forest.

C. Meanwhile, from April 9, 2012 to July 10, 2012, the Defendant sent to the Plaintiff documents, such as content advisers, content certificates, peremptory notice, response notice, reply notice, etc., on the ground that the Plaintiff’s aforementioned part of the access roads in a concrete package as above included in C forest owned by the Defendant was illegally packed.

On July 2012, the Defendant, who did not comply with the above request for restitution, set up a cream on the access road to the forest and land installed in the above C, and attached a paper A4 paper stating the phrase “A, as seen, illegally occupied without permission since 2006 and softened from his own land, will file a complaint together with an unauthorized house,” stating that the paper “I will occupy without permission the original state, and use the cream.”

(hereinafter “instant tort”) e.

On March 26, 2013, the Plaintiff filed a complaint against the Defendant on charges of defamation on the ground that the Defendant committed the instant tort. On December 12, 2013, the Defendant had long access roads to the Defendant, as the Suwon District Court, No. 2013Ma702, Jun. 2, 2013.

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