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(영문) 춘천지방법원 2014.12.17 2013가단2491
손해배상(기)
Text

1. Defendant D:

A. 5% per annum from January 1, 2012 to December 17, 2014 to Plaintiff A, as well as 2,226,883 won.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence 1, 2, 3, and 5-8 to 13, and 21.

Plaintiff

A is the owner of the building area of 2,126 square meters in Hongcheon-gun E, Gangwon-do, and the Plaintiff B is the owner of the road of 1,104 square meters in Hongcheon-gun and the road of 126 square meters in Hongcheon-gun, Gangwon-do.

Meanwhile, the Plaintiff was owned by Hongcheon-gun, Hongcheon-gun H 638 square meters, and the ownership transfer registration was completed on August 11, 2008.

B. Defendant C is an owner of the land of which KRW 620 square meters in Hongcheon-gun, Hongcheon-gun, Seocheon-gun, Hongcheon-gun, Hongcheon-gun, K forest of KRW 1,073 square meters, Hongcheon-gun, Seocheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and 1,120 square meters in the land of which

C. The status of land owned by the plaintiffs and the defendants is as shown in the attached Form 1 drawing.

Defendant C applied for a building permit to construct a building on the ground above the land owned by Defendant C, and obtained the permission from January 13, 201 to June 30, 201 for the exclusive use period from January 13, 201.

E. Defendant D attempted to purchase land owned by Defendant C and develop it, and from July 10, 201 to July 20, 201, Defendant D mobilized construction machinery, such as cream, in the vicinity of the land owned by Plaintiff B, and performed flat and banking operations.

2. The assertion and judgment

A. The gist of the assertion (1) Plaintiffs, Plaintiff A owned land E and H, and Defendant C instructed Defendant D to develop the land owned by Defendant C between July 10, 201 and July 20, and had Defendant D mobilized construction machinery, such as sckes, and used the land owned by Plaintiff B without permission. In the course of using the land owned by the Plaintiff without permission, Defendant D engaged in the following damaging act and caused damage equivalent to the recovery cost. Thus, Defendant C is liable to compensate for such damage.

(1) Point in Attached Form 2 (a): The land indicated in Attached Form 1 F and the land boundary in Attached Form E was damaged by the stone axis at the point, and the cost of restoration was 2.

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