공사대금
The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport, purport, and.
1. The assertion and judgment
A. The Plaintiff’s assertion that the cause of the Plaintiff’s claim (liability for damages arising from tort) is the owner of Sejong Special Self-Governing City C (hereinafter “C”) land (hereinafter “Plaintiff’s land”).
The Defendant found the Plaintiff on June 6, 2009, and proposed that the Plaintiff bear the construction cost of the access road of this case, since the Defendant provided the Plaintiff’s land adjacent to the Plaintiff’s land and opened the access road up to the Plaintiff’s land (hereinafter “the access road of this case”).
On June 2009, the Plaintiff paid KRW 7.5 million to the Defendant for construction cost of the access road of this case.
However, the Defendant was not the owner of the land adjacent to the Plaintiff’s land, and the consent to use the land was not obtained from the owner of the land whose access road was installed up to now.
As above, although the defendant is not the owner of the land where the access road of this case was installed, it is deemed that the plaintiff would have been paid the costs of the access road of this case as the owner of the land, and thus, it constitutes a tort by deceiving the plaintiff. Accordingly, the plaintiff suffered damages equivalent to the above costs of the construction. Accordingly, the defendant is obliged to pay the plaintiff the damages amounting to 7.5 million won and the damages for delay equivalent to the above costs of construction.
B. According to the purport of Gap evidence Nos. 1 and 8, the plaintiff is the owner of the plaintiff's land of this case, the plaintiff paid the defendant the construction cost of the access road of this case of June 20, 2009, the amount of KRW 3 million on June 27, 2009, KRW 7.5 million on June 27, 2009, and the defendant installed the access road of this case on the ground of E land, F land, G land, and H land adjacent to the plaintiff's land of this case (hereinafter referred to as "the adjoining land of this case") around June 209, on the other hand.