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(영문) 창원지방법원 2019.03.22 2018나58421
임료 등
Text

1. The plaintiff's appeal and the claim selected by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows: the defendant's land occupation period, whether various wastes and excreta are dumped, and whether soil contamination and urine are damaged by the plaintiff's illegal act, the statement and image of Gap evidence No. 45 to 55 (including each number) submitted by this court shall be rejected in order to support the plaintiff's claim for damages based on the plaintiff's illegal act; and the "decision No. 3." of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the following judgment is added at the end.

2. Determination as to the selective claims added by this Court

A. The Plaintiff’s assertion 1) The Defendant asserted that Jinwon District Court Jinwon Branch case 2014Kadan6776 land delivery case (hereinafter “relevant land delivery case”).

(2) According to the judgment of the court of first instance, the Defendant is obligated to remove all of the ground facilities installed on the instant real estate and deliver the instant real estate to the Plaintiff. Nevertheless, from November 25, 2015 to September 19, 2016, the date on which the said judgment was rendered, the Defendant breached the duty of due care of a good manager, such as illegally dumping, reclaiming, neglecting various waste, excreta, concrete structures, etc. on the instant real estate from the date of the instant judgment to September 19, 2016, and neglecting soil contamination, and neglecting with the boundary of real estate and/or embankment damage, etc. Accordingly, the Defendant violated Article 8 of the Wastes Control Act, Article 242 of the Civil Act, and Article 242 of the Civil Act (construction near the boundary line). Accordingly, the Defendant cannot be deemed to have completely performed the duty of removing the instant real estate and delivering the instant real estate to the Plaintiff on August 31, 2016.

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