beta
(영문) 대구지방법원 2015.11.17 2015가단27559

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on June 23, 2014 with respect to the Plaintiff’s 856 square meters (hereinafter “Plaintiff’s land”).

On August 1, 2014, the Plaintiff obtained a building permit for Class I neighborhood living facilities (retail stores) on the Plaintiff’s land, and completed the new construction on June 25, 2015. On July 2, 2015, the Plaintiff completed the Plaintiff’s registration of initial ownership on the building for Class I neighborhood living facilities (hereinafter “Plaintiff’s building”).

B. The Defendant is the owner of 193 square meters (hereinafter “Defendant’s land”).

C. On the ground of the Plaintiff’s land, the Plaintiff used the front road of the Defendant’s land-based housing (hereinafter “instant road”) for the access of the construction vehicle.

However, on October 2014, the width of the road of this case, which was about 321 cm originally, was reduced to approximately 227 cm by the wind, which was about 94 cm in width and about 64 cm in height (the brick structure is located within the boundary of the Defendant’s land) among the parts contained in the Defendant’s land among the parts contained in the Defendant’s land, was reduced to approximately 227 cm in width.

After the width of the road of this case reduced as above, a general passenger car, etc. on the road of this case is possible to pass, but a large vehicle for construction works has become unable to pass.

E. The defendant is above D.

Based on the act of subsection (1), the Daegu District Court was convicted of interference with general traffic by the 2015 High Court Decision 2015 High Court Decision 561. On August 28, 2015, the judgment became final and conclusive on September 5, 2015.

F. Meanwhile, the instant road is not the only way to enter the Plaintiff’s land, but can enter the Plaintiff’s land through other passages than the instant road.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 2, 3, 4, 12, 13, and 15 (including each number), and the purport of the whole pleadings.