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1. Defendant B’s KRW 1,200,000 as well as 5% per annum from April 26, 2016 to June 27, 2016 to the Plaintiff.
Reasons
1. On June 10, 1986, E purchased a building of a size of 383 square meters for FF large 383 square meters (hereinafter referred to as “F land”) and the 4th and the 1st underground floor above that building. Thereafter, on March 2, 1987, E purchased a building of a size of 2nd and the 1st underground floor above that time, and newly constructed a building of 383 square meters for F land (hereinafter referred to as “F land”).
Defendant C and H purchased F land and its ground buildings (hereinafter referred to as “Defendant building”) on August 4, 2005 from auction procedure and completed the registration of ownership transfer by one-half shares, respectively.
After that, as H died on October 19, 2007, the Defendants succeeded to H’s shares according to the inheritance shares. At present, the shares owned by the Defendants relating to F land and Defendant buildings are 2/18 (Defendant B), 14/18 (Defendant C), and 2/18 (Defendant D).
On the other hand, on November 14, 2005, the Plaintiff purchased G land and its ground buildings in the auction procedure, and removed the existing building and constructed the building with three floors above ground (hereinafter referred to as “Plaintiff building”) and completed registration of initial ownership on October 30, 2012.
At the time of the initial acquisition of Defendant C and H’s land and the Defendant’s building, the boundary between the underground floor and the building on the G was unclear, and the fence was installed on the boundary line of each land of this case, and the fence was installed on the underground floor connected with each other, and the partition was installed.
Then, on August 21, 2012, in the course of constructing the Plaintiff’s building, the Plaintiff entered into a construction work on the purification tank of the Defendant’s building (hereinafter referred to as “instant purification tank”) with the fence and partitions, which caused damage to the water treatment of the unreshing and damaged by the main work, and the Defendant B entered the part of the G land owned by the Plaintiff for the use of the Defendant’s building, with the payment of KRW 20,00 per month to the Plaintiff.