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(영문) 광주지방법원 2018.06.29 2018나103
소유물방해제거 등
Text

1. The plaintiff's appeal and the selective claims added by this court are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. The reasoning for this court’s explanation is the same as the corresponding part of the judgment of the court of first instance, and thus, this part of the judgment is cited by the main text of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion

A. From the point of time to which groundwater was coming from the underground of the adjoining 2 land, the formation of a ridge between the two adjacent land was commenced. As a result, the Defendant did not take measures to prevent the expansion of the ridge between the two adjacent land, the ridge formed on the two adjacent land was expanded to the instant land via the adjoining 1 land.

Due to the expanded ridge between the land in this case, the land in this case has become worse to the extent that the plaintiff tried to cater for the purpose of cultivating the land in this case on or around 2013, but the geological features of the land in this case are not capable of performing basic work for cultivation, such as the omission of the cater to the cater, etc.

B. (1) The reason why the land of this case occurred between the two parties and the two parties, and the reason why the two parties to the land of this case has been set up on the land of this case, is that the Defendant did not remove the two parties to the land of this case. Thus, unless removing the two parties to the land of this case, the two parties to the land of this case are bound to occur within the two parties to the land of this case. Thus, the Plaintiff

Therefore, the Plaintiff has the right to seek the removal of the number of adjoining land 2 from the Defendant, who is the owner of the land of this case, to the extent that it does not interfere with the exercise of ownership on the land of this case, and the Defendant has the duty to install a big drainage or other drainage pipe on the ground of the adjoining land in order to remove the ridge formed on the land

(2) ① The Defendant may anticipate that the Plaintiff is unable to engage in normal cultivation activities in the instant land due to the expansion of the land between parties when leaving the land between the two adjacent land as it is. As such, the number of adjacent land 2 shall be the between parties.

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