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(영문) 대구지방법원 2016.10.20 2015나17980
손해배상(기)
Text

1. Of the judgment of the court of first instance, the Defendants jointly with the Defendants KRW 5,184,89, Plaintiff B and C respectively, and KRW 2,266,734.

Reasons

1. Basic facts

A. The Plaintiffs’ land and ownership-related Plaintiff A is the owner of 1,954 square meters of G orchard 1,954 square meters (591 square meters) in Kimcheon-si, Kimcheon-si, and the network H is the owner of 2,278 square meters of 11, 1987, who died on December 11, 1987, and the heir was the deceased, and there is Plaintiff D, the spouse of the Plaintiff J, the heading C, and the South-North.

(hereinafter referred to as “Plaintiff’s land” is added to each of the above lands owned by Plaintiff A and the network H.

The Defendants’ land and ownership-related Defendants are married couple; Defendant E is an owner of 909 square meters in the Kimcheon-si, Kimcheon-si, Kimcheon-si, 909 square meters in the land for 810 square meters in the land for 949 square meters in the land for N farm; Defendant F is an owner of 2,840 square meters in the land for 2,840 square meters prior to Kimcheon-si, Kimcheon-si.

(hereinafter referred to as the “Defendant’s land” is added to each of the above lands owned by the Defendants.

The location and current status of the ditch of this case 1) The P ditch of Kimcheon-si owned by the Republic of Korea 228 square meters (hereinafter “the ditch of this case”).

In both sides, the land on the part of the defendant is located. 2) The ditches of this case, the land on the plaintiff's side, and the location of the land on the defendant's side are as indicated in the annexed drawing.

1) The Plaintiffs directly set up a farming house on the Plaintiff’s land or let the lessee do so. 2) The ditches of this case are de facto roads (road) used as a passage for a long time and are used as a farming road at ordinary times and are used as a drainage route at right time. The Plaintiffs did not directly connect the Plaintiff’s land to their public services, and were used as the only passage through which the ditches of this case are connected to the Defendant from July 2006 to the first police.

E. On July 2006, due to the storm around July 2006, when the ditches of this case were flooded and the land owned by the Defendant located near them was damaged by covering them with soil products and earth sand, the Defendants asserted that the ditches of this case was their own land and sold the soil of the ditches of this case.

(hereinafter “instant interference”). Accordingly, the plaintiffs and agricultural machinery, etc. are the ditches of this case.

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