손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged in light of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1, 2, and 3 as follows.
The Plaintiff, as the owner of land located in Pyeongtaek-si D, establishes and operates a parking lot on the said land (hereinafter referred to as “instant parking lot”), and Defendant B, as the owner of the same land adjacent to the instant parking lot, ordered Defendant C to construct a new building on the said land (hereinafter referred to as “instant construction”) on September 6, 2015.
B. Meanwhile, Defendant C, while carrying out the instant construction without the Plaintiff’s consent, obtained the Plaintiff’s claim via the instant parking lot without the Plaintiff’s consent, used the instant parking lot between the Plaintiff and the Plaintiff around September 2015, and used the instant parking lot.
9. From the 13th to the 19th day of the same month, the user fee of KRW 1920,000 (in the calculation of KRW 10,00 per hour) was agreed again to pay the user fee of KRW 500,000 from October 8, 2015 to December 8, 2015 (=2 months x 2.50,00 won).
C. In addition, Defendant C prepared and delivered a written confirmation (No. 2) to the Plaintiff, and the written confirmation shall restore the existing facilities, such as parking support units installed on the parking lot floor after use, to the original state.
A) After the removal of the water pipe, I state that the fence will be built along with the gate-to-face in line with the boundary (the beginning of February 2016). Around February 2016, I laid down concrete on the floor of the instant parking lot and installed the boundary fence and the parking lot to-face.
2. The assertion and judgment
A. The Plaintiff asserted that Defendant C damaged the instant parking lot, and thus, Defendant C used the instant parking lot without the Plaintiff’s consent (i.e., KRW 700,000 won (= KRW 700,000) labor cost of KRW 800,000 for installing a parking lot and a parking lot (= KRW 700,000,000) for the costs of installing a boundary fence (= KRW 200,000 x 4) and KRW 2,000,000,000 for the cost of installing a boundary fence). Thus, the Plaintiff used the instant parking lot without the Plaintiff’s consent.