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(영문) 창원지방법원마산지원 2014.10.08 2012가단2999

손해배상(기)

Text

1. The plaintiff

A. Defendant C’s KRW 1,063,300 and its annual rate from August 30, 201 to October 8, 2014, respectively.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Changwon-si E’s Changwon-si E’s Housing (hereinafter “Plaintiff’s Housing”) and Defendant B is the owner of F’s Housing connected to the Plaintiff’s Housing (hereinafter “Defendant B’s Housing”), and Defendant C is the father of Defendant B.

B. Defendant D contracted the instant construction work for Defendant B’s new housing (hereinafter “instant construction”) and began the instant construction work from April 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence 5, purport of whole pleadings

2. Claims for damages caused by damage to property;

A. The Defendant D filed a claim against Defendant D with the instant construction without dispute, and caused the Plaintiff’s leleh and 1 girs owned by the Plaintiff during the process of removing the fence on April 23, 2011, and on August 28, 2011, the Plaintiff’s leap and 1 girs owned by the Plaintiff, which were deep in the Plaintiff’s housing chemical group, were well damaged by the fact that there is no dispute, or that there is a single girs of flads, 1 girs, flads, 10, 11-proofs, 8 through 13, 15 through 19, and the overall purport of all pleadings and arguments.

Therefore, Defendant D is liable for compensating the Plaintiff for damages caused by the above tort, barring any special circumstance.

On the other hand, Defendant D asserts that since the above trees exceeded the boundary between Defendant G’s housing, they are removed under Article 240 of the Civil Code and thus, it is not unlawful.

Article 240 (1) of the Civil Code provides that "If the land of trees on adjoining land exceeds the boundary, the claimant may remove the land." Article 240 (2) provides that "If the land of trees on adjoining land is not in compliance with the claim under the preceding paragraph, the claimant may remove the land." The defendant D or the owner of the building, first of all, shall request the plaintiff to remove the land, and only if the plaintiff fails to comply with it, he shall do so.