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(영문) 대구고등법원 2016.03.10 2014나2120
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendants are the defendants.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of Gap evidence Nos. 1, 2, 4 through 8, 10, 13, 14, 17, 21, 23, Eul evidence Nos. 1, 2, 18, 19, 20, and 23 (including the whole number, if any; hereinafter the same shall apply)’s entries and images, and the results of the on-site inspection by the court of the first instance and the purport of all pleadings.

On April 206, 2006, the Plaintiff: (a) constructed 2-dong (Ga, Dong) with the steel pipe structure of the pipe structure of the size of 192 square meters on the P land on the ground of the 156.94 square meters on the ground of the Hadong-dong Port on April 1, 2006; and (b) obtained approval for use on April 20, 2006; and (c) raised Chinese rain in the said building (hereinafter “existing livestock shed”); and (d) Q as “ Q.”

(2) The previous livestock shed is located at a place where approximately 1.3km away from the Sindong-si, Andong-si, to the south. The Defendants live in the village formed from R and S G G G G G G to the existing livestock shed (hereinafter “ Q village”), owned land or buildings in Q village, or engaged in agricultural activities in Qu village.

3) Q village is located in the valley surrounded by a high mountain, and a river located near the existing stable flows into Q village according to valleys. 4) On December 2010, the Plaintiff filed an application for a construction permit to extend two livestock penss (referring to a place adjacent to the P where an existing livestock shed is located) on the ground of T and U land (referring to a place adjacent to the P where it is located) on the ground of the city of Ansan-dong on December 2010. The Plaintiff filed an application for a construction permit to extend the area of two livestock penss (referring to a place adjacent to the P where the existing livestock shed is located, 1,650 square meters, 50 square meters in total, 2,153.5 square meters in total, 2,153.5 square meters in total, and hereinafter “new livestock shed”). The Plaintiff permitted the extension

5) From April 201, the Plaintiff started the construction of a stable extension from around April 201 (hereinafter “instant construction work”); and T/U land, which is the planned site for the stable extension, is “the instant construction site.”

6) The heavy equipment necessary for the instant construction project is Q village.

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