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(영문) 대전지방법원 2017.04.21 2016나101929
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Basic facts

A. The Plaintiff, at the time of the joint ownership of D, was responsible for the management and supervision of E’s issue from May 22, 2013 to May 26, 2013 (hereinafter “instant flatization work”), and carried out the said flatization work at the site.

B. The Plaintiff used the farmland, which was established on the H ditch adjacent to the Defendant B’s G answer (hereinafter “instant farmland”), along with the way to go to the destination from the F earth’s place to the destination, for the instant flat work.

C. On May 24, 2013, from around 14:00 to October 00, 201 of the same month, Defendant B interfered with general traffic by setting up dump trucks on the above farm road so that the Plaintiff’s dump trucks for the dumping work of this case cannot pass along the instant farm road from around May 14, 2013 to the instant farm road, and a fine of KRW 5 million was finalized due to the above criminal facts.

Daejeon District Court 2014No2312, Supreme Court 2015Do14805). D.

Defendant C: (a) from around 10:00 on May 24, 2013 to around 17:00 on May 26, 2013, on the grounds that the above land was not passed without permission from the instant farm road from around 10:0, to the 17:00 on the same month; (b) dump trucks’ front end, dump trucks were laid down on a farm road, laid down a pipe on the road; and (c) from around 07:15 on June 6, 2013 to the same month

7. From 10:30 to 10, a dump truck interfered with the Plaintiff’s flatization work of this case by force by transferring the dump truck to the farm of this case and transferring the sump truck on the farm of this case. The Plaintiff was subject to a disposition of suspending indictment on the above criminal facts.

(C) Defendant C’s obstruction of construction and obstruction of construction as referred to in this subsection (hereinafter “instant obstruction of construction”). E

Even until May 31, 2013, the Plaintiff was not able to complete the instant flatization work, and on June 6, 2013, and the same month.

7. Along with this title, the instant flatization work was additionally carried out.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 12, Eul evidence 11, Eul evidence 24, and the purport of the whole pleadings.

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