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(영문) 인천지방법원 2015.01.23 2013가단30614
손해배상(기)등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 694 square meters of forest land D (hereinafter “Plaintiff’s land”). Defendant B is the owner of 430 square meters of forest land in Incheon po-gun, and Defendant B is the owner of 694 square meters of forest land, and Defendant C is the owner of 630 square meters of 430 square meters of f.m. (hereinafter “Defendant’s land”). The Defendants’ land is located far away from the Plaintiff’s land.

B. In around 2012, the Defendants performed a drainage work that allows rainwater, etc. to flow, as well as the underground drainage pipes connected to the Plaintiff’s land, while performing a new housing construction work on the Defendants’ land (hereinafter “instant construction”).

C. Around May 2014, the Defendants took measures to change the route of the above drainage pipe to prevent the connection with the Plaintiff’s land.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1-1-3, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The Plaintiff asserted and determined that the value of the Plaintiff’s land should be reduced by committing a tort by cutting the floor of the Plaintiff’s land originally deliberation to create ditches in the construction process of the instant case and by removing trees located therein. The Plaintiff asserts that KRW 28,454,00, which is the amount equivalent to the lower value, should be paid as compensation for damages.

In order to recognize the Plaintiff’s assertion, the Defendants were in a balanced state at the time of the establishment of a drainage pipe. However, the Defendants should all be recognized that the Defendants made the Plaintiff’s land and installed the drainage pipe, without the Plaintiff’s permission. However, even if the evidence submitted by the Plaintiff was examined, it is insufficient to acknowledge such facts, and there is no other evidence to acknowledge them.

In addition, other drainage pipes, which cannot be known at any time, installed as a result of the on-site inspection by the court, are connected to the Plaintiff’s land, and the drainage pipes also exist.

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