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(영문) 춘천지방법원 속초지원 2017.02.07 2016가단723

손해배상(기)

Text

1. The Defendant’s KRW 5,00,000 as well as 5% per annum from February 1, 2015 to February 7, 2017 to the Plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion asserts that the Plaintiff is liable to compensate the Plaintiff for damages arising from the destruction of the building and the emotional distress suffered by the Plaintiff due to the construction of the access road (hereinafter “instant construction”) executed by the Defendant in the vicinity of the land B of the Seocho-si Office where the Plaintiff resided (hereinafter “instant building”). As such, the Defendant sought payment of KRW 78 million in total as compensation for damages incurred by the destruction of the building and the damages incurred by the construction of the instant construction.

2. Determination

(a) Determination on the cause of the claim 1) Each entry in paragraphs 1 through 3 in the claim for damages due to the destruction of a building (including the number; hereinafter the same shall apply);

In full view of the purport of the arguments and arguments as a result of the on-site inspection conducted by the appraiser C, Gap evidence evidence Nos. 5 through 7, Eul evidence Nos. 4 and 5, and appraiser C, the defendant, while proceeding with the construction of the "D" in the vicinity of the building of this case, has constructed access roads that passed around the building of this case for about five months from January 2015, and the plaintiff had resided in the building of this case since the time when the construction of the building of this case was implemented. The defendant constructed a road by laying a file adjacent to the wall of the building of this case, building a road by laying a natural stone, piling up a natural stone, and strengthening soil with a structure such as a reinforced soil. The above construction of the building of this case caused damage to the upper part of the building of this case, which caused damage to the building of this case by repair of this case, and damages to the plaintiff, which caused damage to the building of this case by the construction of this case.