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(영문) 인천지방법원 2013.07.23 2012가단17560
손해배상(기)
Text

1. From February 1, 2013, the Defendant also assessed against the Plaintiff on the land of 5,672,691 won and 533.5 square meters in Nam-gu Incheon Metropolitan City.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Nam-gu Incheon Metropolitan Government C large 533.5 square meters (hereinafter “Plaintiff’s site”), and the Defendant is the owner of the adjacent D large 660.4 square meters (hereinafter “Defendant’s site”).

B. Of the Plaintiff’s land, the portion of the attached appraisal is 0.3 square meters in line with each point of 8,9,10,11, and 8, and the part of the land (b) including 11.5 square meters in line with each point of 0.3 square meters in line, 12, 13, 14, 15, 6, 7, and 12 (hereinafter “instant site”) was determined as a pro rata-type passage on April 17, 1998 in line with the E-approval Publication (F of the Incheon-dong Public Notice Notice in Incheon-dong), and was abolished on March 22, 2010 in line with the G Renewal Resolution (Public Notice in Incheon Metropolitan City) (Public Notice H), which was immediately before the instant lawsuit was filed, and was re-determined as a pro rata-type passage on February 24, 2012.

C. On the ground of the Plaintiff’s site, the Plaintiff’s wife newly constructed a neighborhood living facility of three stories above ground level around May 2, 200 and completed the registration of initial ownership on May 2, 200. On the Defendant’s ground, the construction of a neighborhood living facility of two stories below ground level around December 2002 and ten stories above ground level (hereinafter “J building”) was completed on December 12, 2002.

At present, each underground of the instant site was installed by the Defendant with the structure, such as sewage pipes for J buildings and sloping beam beam lines, and the usage fees of the instant site are the amount calculated by the ratio of KRW 5,672,691 from December 12, 2002 to January 31, 2013, and KRW 58,989 per month from February 1, 2013.

[Identification Evidence: Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 12, Eul evidence Nos. 1 and 2

2) Each description, Gap evidence Nos. 6, 9, Eul evidence Nos. 4 and 5, each image of appraiser K, the result of appraiser K’s survey and appraisal, the result of appraiser’s appraisal of rent, each fact-finding on the Namdong-gu Incheon District of this Court (the arrival on June 14, 2013 and September 25, 2012), the result of the on-site verification by this court, and the purport of the entire arguments).

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