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(영문) 수원지방법원 2018.05.25 2016나71225
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Basic Facts

On August 21, 1981, the Plaintiff purchased B forest No. 3,322 square meters (hereinafter “the instant forest”) in Sungsung-si. On February 23, 1960, the Plaintiff succeeded to C’s 198 square meters (hereinafter “the instant forest”) prior to C, and owned each of the instant land up to now.

(A) No. 1-2 of the evidence No. 1-2 of the defendant received a request from the residents of the Dauri-si Dri (hereinafter referred to as the "Dri") to adjust the drainage way in order to prevent flood damage which is the long-term flood, and the defendant selected the U.S. mining construction corporation as the contractor and maintained the drainage way naturally formed in the Dri region from March 29, 2005 to April 14, 2005, and then implemented the small river maintenance work (hereinafter referred to as the "the construction of this case").

(A) The construction section of this case does not include the forest land of this case in the construction section of this case, but the construction section of this case was included in natural drainage channels prior to the forest land of this case by accepting the residents’ request in the village located in the northwest west west west (hereinafter “the village of this case”) of the forest of this case and extending the construction section by 50 meters.

(B) Pursuant to subparagraph 2, among the forest land of this case, each of the items indicated in the separate sheet Nos. 12 through 18, and 12 attached to the annexed map Nos. 12 through 6, 70, 25, 26, 27, and 1 attached to the same map Nos. 23 and 24 of the same map Nos. 9, 10, 11, 19 through 22, and 9 of the annexed map Nos. 9, 10, 10, 19 through 22 and 9 are installed on the ship (hereinafter “the waterway of this case”). At the time, the Defendant did not obtain the Plaintiff’s consent, the owner of the forest and field of this case (hereinafter “each land of this case” in combination with the forest and field of this case).

[Ground of recognition] without any dispute, entry or video of Gap's 1, 2, 5, Eul's 1 through 5, and witness E of the first instance court.

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