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(영문) 서울동부지방법원 2021.01.13 2019나27637

손해배상(기)

Text

As to the principal lawsuit, the incidental appeal of the plaintiff (Counterclaim defendant) and the claim extended in the trial of the party are dismissed, respectively.

a counterclaim.

Reasons

1. Basic facts are the owners of the network H’s heir (1/5 of shares in the market) registered as the owners of the two-story neighborhood living facilities buildings (hereinafter “Plaintiff’s side building”) under the divided ownership of the land on the part of the Plaintiff, Gangdong-gu Seoul Metropolitan Government (hereinafter “Plaintiff’s land”).

The defendant is adjacent to the land on the side of the plaintiff

1. The land indicated in the indication of real estate (hereinafter “Defendant’s land”) and the land owned by the co-owner (i.e., public land 1/2) of living facilities and housing buildings consisting of five floors adjacent to the above ground (hereinafter “Defendant’s side building”).

Plaintiff

Having owned land on the side;

F newly constructed the Plaintiff’s side building and obtained approval for use on March 29, 1978. F, while constructing the Plaintiff’s side building, installed a brick fence of approximately 1.5 meters high and approximately 20 meters high at the boundary of the Plaintiff’s land and the Defendant’s side land (hereinafter “existing fence”).

The defendant shall attach some of the existing fences on March 9, 2017.

3. Photographs;

1. The removal, as in the video, did not obtain the Plaintiff’s consent at the time.

As above, on November 24, 2017, the Defendant was convicted of a fine of KRW 700,000 as Seoul Eastern District Court Decision 2017Da1442 decided November 24, 201, and the above judgment became final and conclusive as is.

Attached Form 2 to the removed portion as above around November 2017

3. Photographs;

2. The fenced fence, such as video, was re- installed.

As above, the current status of the wall including the re-established part (hereinafter “the wall of this case”) was surveyed according to the Defendant’s application, and the wall of this case was attached thereto.

2. Part (A) of the ship connected in sequence 1, 2, 9, 10, and 1 of the drawings is divided into 0.7 square meters in order to connect each point of (b) the part (c) part (a) of the ship connected in sequence 2.7 square meters in the same drawing, 3, 4, 5, 8, 9, 9, and 2 of the same drawing, 2.7 square meters in order to connect each point of (a) 2.7 square meters in the same drawing, 8, 5, 6, 7, and 8 of the same drawing, and part (a) of the fence in the instant case.