beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. The Plaintiff is the owner of CY 3,656 square meters, D 4,529 square meters, E field 1,673 square meters (hereinafter referred to as “C land”) located in the north of the B-Myeon Office in Seosan-si, Seosan-si, Seosan-si. The Plaintiff is the owner of the above C land in the same manner. The remaining land is also the same; when each of the above land is referred to as “each of the instant land.”
B. On October 25, 2010, the Defendant-affiliated B performed the “B-Myeon Office Sewerage Maintenance Works for Civil Petitioners,” and the Plaintiff, the owner of each of the instant land, opposed the said construction, and completed the said construction on November 19, 2010, excluding each of the instant land from the construction section through design change.
C. On December 20, 2010, as to the sections indicated in the separate sheet (2) and (3), the Defendant’s affiliated section was re-determined to the budget for agricultural infrastructure maintenance and management projects, and was completed on December 20, 2010 with respect to the sections indicated in the separate sheet (2) and (3), and completed construction on May 5, 201 with respect to the section indicated in the separate sheet (4), and completed construction on May 3, 201 with respect to the sections indicated in the separate sheet (5).
However, in the construction section of the instant construction project, each of the instant land owned by the Plaintiff was included, and on November 15, 2010, the Defendant-affiliated B received a written consent from the Plaintiff for land use with the purport that “B surface uses the area equivalent to the drainage of each of the instant land owned by the Plaintiff for the instant construction project,” and the said written consent for land use stated that “the remaining area is 100m or 201 closed terms.”
E. Thereafter, from June 2012 to September 2013, 2013, the Plaintiff was installed between 30 cms and 170 cms from the boundary of the Plaintiff’s land, and thus, the Plaintiff’s additional construction should be made. ② The drainage improvement agreed at the time of land use approval is made.