손해배상
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid under paragraph 2 shall be revoked.
2...
1. Facts of recognition;
A. C newly constructed each house on the E site directly linked to the Eunpyeong-gu Seoul Building Site on February 23, 1984, and installed purification and piping pipes for the above E site ground ground. Since then, F, the Defendant’s child, acquired the ownership of the above D site and its ground house on June 11, 1999, and the Plaintiff acquired the ownership of the above E site and its ground house on October 31, 2002.
B. The Defendant resided in the above D, and the Plaintiff respectively, and the Plaintiff’s housing toilet and the above septic tank are connected with the pipe, and the Defendant jointly used the above septic tank for about 12 years.
C. On October 24, 2014, the Defendant, on the grounds that the Plaintiff refused the Defendant’s request for the transfer of septic tanks from the Defendant’s house, destroyed the Plaintiff’s purification pipe pipe connecting the Plaintiff’s house toilets with the said septic tank by an insular method, thereby damaging it by cutting the main pipe to PVC, thereby blocking the above pipes.
[Ground for Recognition: Facts without dispute, entries in Gap evidence Nos. 4, 6, 7, 12, and 13 (including paper numbers), the purport of the whole pleadings]
2. The assertion and judgment
A. The plaintiff's assertion asserts that the defendant must pay 80,000 won as consolation money because he suffered a considerable mental suffering due to the defendant's damage to the septic tank pipe and the defendant's damage to the septic tank, which he had no choice but to install a septic tank under the above E site, which is his own land. Therefore, he spent 2,20,000 won at its expense.
B. (1) Determination is that prior to the occurrence of liability for damages, the foregoing septic tank and the septic tank pipes ancillary thereto are owned by anyone, and the septic tank is a kind of private sewage treatment facility, which is a facility for treating sewage generated from buildings, facilities, etc. by sedimentation, decomposition, etc., and that a person who installs a building discharging sewage necessarily installs such facility.