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(영문) 창원지방법원 2019.10.18 2019나51328

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion that the defendant is liable to compensate the plaintiff for damages due to mental distress caused by infringement of the living benefits, since the defendant is liable to compensate the plaintiff for the damages due to mental distress, since the defendant is liable to compensate the plaintiff for the damages caused by the infringement of the living benefits, since he is found to be in violation of the social norms by burning trees from the 500 meters away from the window D of Changwon-si, Changwon-si, who is the plaintiff's residence.

2. The owner of the land has a duty to take appropriate measures so that the situation under Article 217(1) of the Civil Act is adequate for the ordinary use of the adjoining land, such as smoke, heat gas, liquid, liquid, sound, vibration, and others similar thereto, so that they may not interfere with the use of the adjoining land or inflict any pain on the neighbor’s living (Article 217(1)).

(Article 217(2) of the Civil Act provides that if the purport of the entire pleadings is added to the statements and images of Gap evidence Nos. 1, 3, and Eul evidence Nos. 1-2 and Eul evidence Nos. 1-2, the defendant may be acknowledged that the plaintiff's apartment and the plaintiff's apartment, and the plaintiff's apartment and the house at approximately 500 meters away from the place of residence (family house) with the plaintiff's house, or that the defendant was found to have laid down the trees to the arche for the purpose of life of the water taken out, but the evidence submitted by the plaintiff alone is insufficient to recognize that the defendant's living interest was specifically infringed by social norms beyond the extent that the defendant should pay for the trees in the arche.

Therefore, the plaintiff's above assertion is without merit.

3. Thus, the plaintiff's claim shall be dismissed as it is reasonable.

The judgment of the first instance is just in conclusion, and thus, the plaintiff's appeal is dismissed.