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(영문) 서울중앙지방법원 2017.08.30 2016나84582

손해배상(기)

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Determination as to the claim against the defendant B

A. The Plaintiff asserted 1) around April 2010, the Plaintiff installed a stone shed (hereinafter “the first stone shed”) at the boundary between the Plaintiff’s land and the Defendant’s land owned by the Plaintiff. Around April 201, Defendant B, while construction of a stone shed on the land owned by the Defendant, destroyed the first stone shed, and around May 201, he constructed a stone shed (hereinafter “second stone shed”) at the same location.

B) On April 2014, in the process of construction of a new house on the land owned by the Plaintiff and completion inspection, it was clearly identified that the second tin shed violated Defendant B’s land, and Defendant B rejected Defendant B’s consent to use the said land. However, Defendant B rejected it. C) around June 2014.

(D) Defendant B, who did not accurately confirm the boundary of the land and completed the completion inspection from the office of Bupyeong-gu Office, caused damages to the Plaintiff to re-construction of the three tin axiss due to the above acts of Defendant B, who did not prepare and inform the Plaintiff of the written consent to the land use. As such, Defendant B, as compensation for damages, should pay the Plaintiff the amount equivalent to 6,910,000 won and damages for delay.

2) Defendant B’s assertion that the first stone shed constructed by the Plaintiff was an unauthorized structure, and the Plaintiff promised to assume all responsibility for this event against the Defendant B. The first stone shed collapses due to the Plaintiff’s illegal act of farming and fishing, etc., which was done at the time, and the second stone shed was constructed according to the Plaintiff’s instructions. In addition, Defendant B did not prepare a written consent for land use due to the Plaintiff’s unreasonable demand. Thus, the Plaintiff’s claim is without merit. (b) On March 26, 2008, the Plaintiff asserted that the Plaintiff’s claim was without merit.