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(영문) 대구지방법원상주지원 2016.03.09 2015가단8888
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) On November 26, 2008, the Plaintiff: (a) on November 26, 2008, 3,205 square meters (hereinafter “B”) of the answer No. 3,205 square meters (hereinafter “B”).

(C) As to May 7, 2008, the land of 3,071 square meters (hereinafter “C land”) shall be the land of 3,071 square meters (hereinafter “C land”).

(2) From around 2010, the Defendant completed each registration of ownership transfer with respect to each of the above land, and cultivated rice in each of the above land. (2) From around 2010, the Defendant carried out the so-called project to remodel the entire land around the fourth River (hereinafter “instant project”).

The project aims to improve the agricultural environment by raising the ground by raising the land of the river dredging soil, and thereby eliminating the inundation of farmland.

B. B and C’s location and status of each land, etc. (1) Nonparty D’s 1,244 square meters (hereinafter “E land”) in Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-do.

A) The location in B and C is located in the vicinity of the land, and if the location in the cadastral map is generally indicated, it is indicated as follows as the first drawing. In other words, the part indicated as Fran-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-do, which is indicated as Fran-do, in the cadastral map. The part is actually used as a ditch.

Fit shall be referred to as “Fitch”

Based on the criteria, ① E is adjacent to F ditches, ② E is adjacent to land B, ③ land adjoining to land B is adjacent to land C. However, Plaintiff and Nonparty G is not using land in the same form as the above cadastral map before around 2011, but using land in F culvert B and E together with adjacent land. If it is indicated as a approximate forest, it is indicated as the following two drawings.

In addition, at around 2011, the Defendant restored the land boundary as shown in the cadastral map, i.e., the first drawing, and accordingly, from around 2011 to around 201, the Plaintiff and G were in a form the same as the first drawing.

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