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(영문) 의정부지방법원고양지원 2019.02.08 2018가합75385
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 16, 2009, the Plaintiff completed the registration of ownership transfer with respect to the title of 4,046 square meters (hereinafter “E”) and 1,395 square meters (hereinafter “F land”) prior to E in Pakistan-si, Pakistan-si. On March 18, 2014, the Plaintiff: (a) completed the registration of ownership transfer with respect to the said land; and (b) on March 18, 2014, the Plaintiff acquired the land of 1,762 square meters prior to G land (hereinafter “G land”) by winning a successful bid in the auction procedure and acquired the ownership

(hereinafter referred to as “the land owned by the Plaintiff” is added to the said three parcels of land.

On September 2013, the Defendants planned the instant sale business after newly constructing a detached house (hereinafter “instant sale business”) by developing each parcel of land, as indicated in the separate sheet, adjacent to the land owned by the Plaintiff (hereinafter “instant land”) as a housing site.

When the above building report was repaired on the condition of installation of sewage and wastewater pipes, the defendant D requested the plaintiff to permit the reclamation of sewage and wastewater in part of the E land.

As a result, the Plaintiff consented to the construction of the road to be installed on the instant land from the Defendants so that the Plaintiff may use it for a permanent free.

(hereinafter “Agreement on Consent to Use of this case”)

The Defendants buried sewage and wastewater pipes in part of the land of this case, and performed road construction works in part of the land of this case, and the Plaintiff used the road (hereinafter “the road of this case”) as access roads to the land owned by the Plaintiff.

However, in 2017, the Defendants deemed that the prospect of the sales business of detached houses is not good, and renounced the sales business of this case.

Accordingly, the Defendants abolished the instant road around April 2017 while restoring the instant land to its original state, and intended to remove the sewage and wastewater pipe buried in E’s land, but the Plaintiff was prevented from entering the land, thereby not yet removed.

Plaintiff

Land owned shall be E. B before the road of this case is constructed as a cadastral master.

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