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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Whether liability for damages has arisen;
A. 1) The Plaintiff is the Plaintiff’s forest land of 44,728 square meters and D forest land of 1,088 square meters (hereinafter “instant forest”).
A) On April 10, 2017, the owner of the instant forest filed a building report with the head of Jincheon-gun to construct a camping site facility in the instant forest, and the building report was accepted on June 14, 2017. In addition, in order to enter the instant forest from the meritorious service, it is deemed that 3,390§³ owned by the Republic of Korea (hereinafter “the instant ditch”).
(2) On April 18, 2017, the Plaintiff installed a container (hereinafter referred to as “instant container”) near the bridge installed in the FB, a part of the instant ditch, without obtaining permission from the head of Jincheon-gun for the occupation and use of the said ditch, on the ground that the part (A) size of 175 square meters in the ship connected each point of the attached drawing Nos. 1 through 11, 11, and 1, among them, was “for the purpose of use: camping site entry and exit: the period of approval: from January 1, 2017 to December 31, 2026.” Meanwhile, without obtaining permission for the occupation and use of the ditch of this case from the head of Jincheon-gun-Gun, the Plaintiff installed a container ( not having obtained permission for the occupation and use of the Plaintiff) near the bridge installed in the instant small river (hereinafter referred to as “instant container”). As such, the Plaintiff’s construction of the camping site and construction of the site was hindered.
Accordingly, according to the Plaintiff’s civil petition, Jincheon-gun served a notice to the Defendant to transfer the instant container by November 24, 2017, but the Defendant refused to comply therewith, and the Defendant received a notice from Jincheon-gun to transfer the instant container by December 29, 2017, but refused to comply therewith, and transferred it on March 31, 2018.
B. According to the above facts of determination, the Defendant, without any title, installed a container in part of the ditches of this case and obstructed the Plaintiff’s installation work and entry into the camping site facilities. The container of this case from the Jincheon-gun.