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(영문) 부산지방법원 2016.02.02 2013가단234079

손해배상(기)

Text

1. The defendant shall be the plaintiff.

A. The attached appraisal marks 1,18,19,20,21, 21, among the land size 1,408 square meters in Yangyang-si, Yangyang-si.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Czeyang-si 1,408 square meters (hereinafter “Plaintiff-owned land”) and its ground housing (hereinafter “instant housing”). The Defendant is the owner of 942 square meters (hereinafter “Defendant-owned land”). The Defendant and the Plaintiff are adjacent to each other, both the Defendant and the Plaintiff.

B. From March 2013, the Defendant started a construction project to build a new house on the land owned by the Defendant, and completed a 1.4m wide and 13m high-level storage unit (hereinafter “instant storage unit”). While performing the instant construction project, the Defendant committed an offense of violation of the attached Table 1, 18, 19, 20, 21, and 1 on the part (B) in the ship connected each point of the Plaintiff’s land (hereinafter “instant dispute”).

C. The instant stable collapsed on July 1, 2013 due to the collapse of a heavy rain, and resulting in damage to the room, warehouse, etc. of the instant housing.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 3 (including where there is a serial number), evidence 4-1 to 5-3-3 of Gap evidence 4-2, each appraisal of Eul evidence 2, appraiser E, and F, the purport of the whole pleadings

2. Determination as to the cause of claim and the defendant's assertion

A. According to the above facts of determination as to the cause of the claim, since the defendant established the instant axis and infringed on the part of the dispute part among the land owned by the plaintiff, the defendant removed the instant dispute part on the ground of the land owned by the plaintiff, and deliver the part of the dispute to the plaintiff, and in addition, since the instant axis, which was occupied and managed as the defendant's ownership, was destroyed by the collapse of the price of the instant axis, it shall be compensated for damages equivalent to the cost of restitution.

B. As to the amount of damages incurred for the repair of the instant housing due to the collapse of the instant axis, the result of each appraisal on health team, appraiser E, and F, the appraiser E of the instant court.