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(영문) 의정부지방법원고양지원 2017.12.06 2016가단85985

손해배상(기)

Text

1. The plaintiff's claim of this case against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The basic fact is that the Plaintiff is a contractor who performed a multi-family housing construction project (hereinafter “instant construction project”) on a parcel outside C and two parcels at the time of strike, and the Defendant A is the owner of the land D (hereinafter “instant land”) at the time of the immediately following the construction site at the construction site immediately adjacent to the said construction site (hereinafter “instant land”). The registration of ownership transfer has been made on January 29, 2009.

around December 5, 2015, Defendant B damaged the entrance part of the drainage pipe laid underground on the ground of the instant land as a cream.

On July 29, 2016, the Plaintiff filed a complaint against Defendant B with the obstruction of business and the damage of property, but was subject to a disposition of suspicion on the ground that “The entrance of the drainage pipe damaged by Defendant B was laid underground in the ground of the instant land, and there is no evidence to acknowledge that the obligee’s duties were obstructed by Defendant B’s act.”

At the time of this Court’s on-site inspection, pents are installed on the ground of the instant land.

The Plaintiff filed a provisional disposition against Defendant B and E pertaining to the instant court 2016Kahap5055 against Defendant B and E, but was dismissed on September 22, 2016.

【Ground for Recognition: Entry of Evidence A 1 to 6, Evidence B 4, 7, and 8, and Results of on-site inspection by this court)

2. The Plaintiff’s assertion that Defendant B destroyed the connection part of the drainage pipes of the instant land so that the Plaintiff could not construct drainage pipes, and obstructed the Plaintiff’s connection construction.

The defendants of KRW 21,750,000 total sum of KRW 21,750,000 (including additional tax, and the defendants of KRW 88,516,000,00,000, 43,460,000 for reinforcement and reconstruction construction works of KRW 12,120,00,00 for the purpose of the right-of-the-land reconstruction works, and for the purpose of this, the defendants of KRW 8,516,00,00 without permission, caused the plaintiff to suffer the following damages.

Therefore, the defendants are therefore the defendants.