손해배상(기)
1. The part of the judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid shall be revoked.
The defendant.
Basic Facts
On February 16, 2016, the Plaintiff acquired the ownership of the land in the wife population C, and the said land was divided into C, D, and E (hereinafter collectively referred to as “instant land”) October 11, 2016.
On July 4, 2017, the Plaintiff completed the registration of ownership transfer on June 21, 2017 with respect to the instant land to F.
(A) On August 30, 2016, the Defendant received from G the 1/2 share of the wife population H, I, and J land (hereinafter “Defendant’s land”) and its ground building (hereinafter “Defendant’s building”) from G, which is adjacent to the instant land (hereinafter “Defendant’s land”). Around May 2017, the Defendant obtained permission to rebuild the Defendant’s building (Articles 1 through 5), and then performed the said reconstruction construction work thereafter.
In the construction process, around May 2017, the Defendant arbitrarily opened a passage of approximately three meters wide from the “Defendant’s land” to the ground of certain land among the instant land D and E (hereinafter “instant passage”).
Since then, the Plaintiff installed a retaining wall on the part of the passage route of this case, and installed a steel pent (hereinafter “instant pent”) on the boundary line of the instant land and the said K’s land without leaving a passage of 1.5 meters wide from the “Defendant’s land to the “K land adjoining the instant land”.
(A) 【Nos. 5 and 6’s evidence’s ground for recognition’s absence of any dispute, Gap’s evidence 1, 2, Gap’s evidence 5, 6, Eul evidence 1 through 4, Eul evidence 1 through 7-1 through 3’s evidence 7-3, the purport of the whole pleadings, and the purport of the whole pleadings, and the judgment of the Plaintiff’s assertion, the Defendant illegally opened the instant passage on the ground of the instant land owned by the Plaintiff on June 2017 without the Plaintiff’s permission, and damaged part of the instant pents, which was installed by the Plaintiff for boundary marking.
Accordingly, the plaintiff's restoration cost is 1050,000 won (1.50,000 won per truck), work cost is 650,000 won, and the pension of this case.