(영문) 서울중앙지방법원 2017.08.10 2016가단5241020

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(영문) 서울중앙지방법원 2017.08.10 2016가단5241020

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Around November 2015, the Plaintiff’s assertion that the construction was carried out on the land owned by the Plaintiff was conducted. ① After the boundary of the D site owned by the Plaintiff, the Plaintiff installed T (T) retaining wall instead of the EL (L) retaining wall that was permitted. ② The Plaintiff’s occurrence, rainwater leakage, and collapse took place on the above ground of the D site owned by the Plaintiff; ③ the number of trees planted on the Plaintiff’s land was cut off without permission; ④ the Plaintiff’s wall was removed without permission and buried illegal waste; ⑤ the Plaintiff’s family was removed without permission and buried the waste; ⑤ the Plaintiff’s family was deprived while occupying the land owned by the Plaintiff without permission, and ⑤ the Plaintiff’s family was creating an atmosphere of fear and fear, and ③ the Plaintiff’s family was acknowledged to have committed an offense of boundary, and instead, the Plaintiff filed a lawsuit seeking confirmation of existence of the obligation against the Plaintiff that the Plaintiff did not have an obligation to compensate for damages due to the boundary erosion, and on the other hand, the Plaintiff purchased the Plaintiff’s land and the housing were discarded.

Due to the Defendant’s series of illegal acts as above, the Plaintiff was bound to sell KRW 1,360,00 reduced to KRW 1,439,49,498,450, which was reduced to KRW 1,360,00,000, which was owned by the Plaintiff on July 30, 2016. Therefore, the Defendant is obligated to pay the Plaintiff KRW 89,498,450, which was the sum of KRW 79,498,450, and KRW 10,000,000, and KRW 89,498,450, as compensation for damages.

2. Although there is no dispute between the parties that the Defendant violated the boundary of the land owned by the Plaintiff while implementing a new construction project, the evidence submitted by the Plaintiff alone is insufficient to recognize the damage alleged by the Plaintiff, and there is no other evidence to prove otherwise.

Other illegal acts of the defendant alleged by the plaintiff, the evidence submitted by the plaintiff alone is only part.

유사 판례

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-제주지방법원 2015.11.27 2012가단20429

-전주지방법원 2019.07.26 2018나8500

-서울중앙지방법원 2017.02.10 2015가단5355762