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(영문) 수원지방법원 2012.02.15 2009가단20051
부당이득금반환
Text

1. The defendant Ateke-ro, B, Jinman F&C, Central Technology Industry Co., Ltd., and KNB.

Reasons

1. The judgment as to the claim against the defendant Alknb, B, Jinbnb, Central Technology Industry Co., Ltd., and KNB Co., Ltd.

A. The Defendants asserted that the Plaintiff’s assertion is the owner of land and factory buildings located around 1,150 square meters and 274 square meters prior to M, which are owned by the Plaintiff, and the Plaintiff’s land was illegally buried in the Plaintiff’s land underground, and the Plaintiff’s land was occupied without any title by discharging sewage through this sewage pipes. As such, the Defendants are obligated to pay damages incurred by the decline in the market price of the Plaintiff’s land and damages for delay calculated at a rate of 20% per annum from February 1, 2012 to the day of complete payment.

B. Considering confessions, the Defendants were served with the Plaintiff’s complaint and an application for modification of the purport of the claim by public notice, and did not appear on the date of pleading. Thus, it is deemed that they led to the confession of the Plaintiff’s assertion pursuant to Article 150 of the Civil Procedure Act.

2. Determination as to claims against the remaining Defendants

A. In fact, 1) The area of 1,150 square meters prior to L and 274 square meters prior to M in Sungsung (hereinafter “the instant land”).

(2) The Defendants are owners who own a factory or its land within a factory complex located within a zone higher than each of the instant lands of the Plaintiff. (2) The Defendants’ sewage of some of the Defendants flows into public sewage pipes through the sewage pipes laid underground in each of the instant lands. In addition, the Defendants’ drainage facilities are not connected to public sewage pipes.

3. In the creation of the Defendants’ factory complex, Defendant KN Co., Ltd established sewage pipes on each of the instant land, and the Plaintiff.

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