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(영문) 창원지방법원 2015.06.02 2014나9377

위자료등

Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The appeal costs and the claims in the trial.

Reasons

1. The reasoning for the court’s explanation of the instant case is as follows, except where the Plaintiff added the following judgments to the pertinent part, thereby citing the reasoning for the instant case by the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination on the Plaintiff’s assertion

A. At the trial, the Plaintiff asserted that in relation to the land in the attached Form C included in the Plaintiff’s land (B), the Plaintiff incurred damages of KRW 15,097,00 in total, including KRW 13,920,00,000 for construction costs due to the Defendant’s cruel damage, etc., and KRW 13,920,000,00 for light-time illegal parking between April 201 and August 2014. The Plaintiff additionally claimed for the payment of the said damages.

B. However, not only the part claiming consolation money of KRW 3 million in the first instance court, but also this part of the claim added in the court of the first instance is premised on the premise that the attached appraisal is the land owned by the plaintiff, and as seen earlier, the attached appraisal portion of the land owned by the defendant is the land owned by the defendant. Thus, the plaintiff's claim for consolation money of KRW 3 million is without merit.

3. In conclusion, the plaintiff's claim of this case (including the part added in the trial) shall be dismissed in its entirety as it is without merit, and the judgment of the court of first instance is justified as it is consistent with this conclusion. Thus, the plaintiff's appeal and the claim added in the court of first instance shall be dismissed in its entirety as it is without merit. It is so decided as per Disposition.