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(영문) 대전지방법원홍성지원 2019.11.13 2017가단3550
손해배상(기)
Text

1. The plaintiff A:

A. Defendant D Co., Ltd.: KRW 15,682,813 and its related thereto from May 19, 2015 to November 13, 2019.

Reasons

1. Basic facts

A. Defendant C purchased 380 square meters in Chungcheongnam-gun budget G and H 374 square meters in the invitation of Plaintiff A around 2007, and completed each registration of ownership transfer on February 20, 2008.

B. On September 23, 2014, Plaintiff A sold F 383 square meters, G 380 square meters, and H 374 square meters to Defendant C, and completed each registration of ownership transfer on September 30, 2014.

C. G and H land are linked to the Plaintiff, the Plaintiff-owned, Chungcheongnam-nam Budget-gun I Forest (hereinafter “J Forest-based 5157 square meters from J Forest-based 517 square meters, divided into 373 square meters on September 8, 2016, and the J Forest-based 4753 square meters from I Forest-based 4753 square meters).

Plaintiff

A was using a passage of about 4 meters in width on adjacent I forest and F land, including G and part of H land, to the inside of the tin axis (which seems that the tin axis was part of the above G and H land) with a stone axis.

(A) The photograph of No. 4 and the result of a request for surveying and appraisal to the Director of the Budget Office of the Korea National Land Information Corporation (see, e.g., page 7,13).

Defendant C sold G and H land to Defendant D Co., Ltd. (hereinafter “Defendant Company”) on April 3, 2015, and completed each registration of ownership transfer on April 6, 2015.

E. On May 21, 2015, Defendant Company newly built a multi-household house on the land G, and completed registration of ownership preservation in the future of Defendant Company.

(The approval date of use is May 19, 2015). (F) At the time of the construction of the above multi-household house, the Defendant Company: (a) laid down the previous tin axis at the boundary of I forest, G, and H (which has a low difference between the above forest and G, and H land); (b) did not store a proper stone axis; and (c) damaged part of the above passage route established in I forest and field.

As a result, the range of 1.5 meters in width remains on the first ground of the previous traffic routes.

(g) On September 1, 2015, Defendant C filed a lawsuit claiming the removal of buildings, etc. under this Court Order 2015Noh8742 against L, which owned a house or warehouse on the F’s land.

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