손해배상등
1. The plaintiff's appeal and the claims added by this court are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. The plaintiff's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted to this court is presented, the fact-finding and judgment of the court of first instance are justified
Therefore, the court's explanation on the instant case is consistent with the reasoning of the first instance judgment, except for the addition of the judgment as to the main claim added by the plaintiff in the trial room to the following Paragraph 2. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of
2. Additional determination
A. According to Articles 226 and 229 of the Plaintiff’s assertion, the Defendants cannot change the existing waterway or the width of the waterway, and even if changed, the downstream of the waterway shall be consistent with the natural waterway.
However, while performing civil engineering works to build Defendant B’s side building, all water coming from natural waterways existing on the ground of the Defendant’s land flows into the ground below the concrete foundation of the Plaintiff’s building by reclaiming all existing natural waterways, thereby threatening the stability of the Plaintiff’s building. As such, the Plaintiff seeks implementation of appropriate measures to prevent the Defendants from flowing the Plaintiff’s land into the Plaintiff’s land as a claim for exclusion of interference based on ownership.
B. As seen earlier, the owner of the land is obligated to take water from adjoining land for the water coming into operation, but there is no obligation to take water for the water flowing only by processing on the land. Ultimately, whether the water flowing into the Plaintiff’s land exists on the Defendant’s land, and if the water flows into the Defendant’s land, whether the water flowing out due to the construction works on the Defendant’s side rather than the naturally flowing water is not the water.
According to each of the descriptions or images of glocks, A9 through 11, 18 (including glocks), A-1-7, and 8.