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(영문) 수원지방법원 2016.08.30 2015가단51322

손해배상

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’s ASEAN is a person who intends to build a detached housing complex by constructing a new house on the land other than E and nine parcels owned by the Plaintiff (hereinafter “D”). The Defendant is the owner of F and G land located in the vicinity of the said land (hereinafter “instant land”).

B. (1) (1) around September 20, 206, C obtained permission to convert a mountainous district for the purpose of neighborhood living facilities with respect to the land owned by it from the chemical market (hereinafter “instant permission to convert a mountainous district”) and obtained permission for the creation of a site for a detached complex site on and around April 201, after obtaining permission extension and alteration several times.

On the other hand, the said permission for mountainous district conversion was changed on October 6, 201 and around April 10, 2012 to a decrease in its size.

(2) On August 18, 2008, the Plaintiff purchased 53 square meters from the Defendant’s land owned by the Defendant (the aforementioned 53 square meters was divided into I on October 4, 2010) for the purpose of securing access roads to the said apartment complex. C completed the registration of ownership transfer regarding the said I land on October 15, 2010, and performed road expansion construction by installing a drainage pipe at that place.

C. The instant permission for mountainous district conversion was subject to the incidental condition that “if the final outlet of the sewage culvert is another’s land, it shall be constructed after prior consultation with the landowner and interested parties.” However, C submitted “damage prevention plan” as stated in the attached drawings, which led to the existing natural drainage route, in relation to the said incidental condition.

(1) Since it is necessary for C to install drainage pipes on the instant land that leads to the I land in accordance with the damage prevention plan submitted at the time of emulation, C is subject to installation of drainage pipes on the instant land, on or around November 201, through J, a construction business operator for the site development of a detached housing complex, on the condition that the instant land is filled up to the Defendant through J, a construction business operator.