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(영문) 창원지방법원 2017.09.21 2017가단100850
손해배상(기)
Text

1. The Defendants jointly share KRW 68,233,80 to Plaintiff A, and the Defendants jointly do so from February 16, 2017 to September 21, 2017.

Reasons

1. Facts of recognition;

A. On August 10, 2015, Plaintiff A entered into a contract with Defendant C to newly construct a house of KRW 200 million (hereinafter “instant house”) on the ground (hereinafter “instant land”) located in the window E of Changwon-si, Changwon-si, and KRW 255 square meters (hereinafter “instant land”).

B. On July 31, 2015, Plaintiff A entered into a contract with Defendant D to provide design services of KRW 1,650,000 with respect to the instant housing and a contract with Defendant D to provide supervision services at KRW 1,10,000 (hereinafter “instant supervision contract”).

C. On August 25, 2015, Defendant D reported the commencement of the Plaintiff A on his/her behalf at the Office of the Speaker’s counter office, and the attached Form attached thereto.

1. Design drawings (a floor plan and total floor area 96.02 square meters) such as drawing drawings were submitted, and around that time, the boundaries were set up on the boundary of the instant land.

Defendant C commenced the new construction of the instant housing around August 26, 2015.

Defendant D confirmed the construction site of the instant housing on November 2015, and asked the Plaintiff to conduct a boundary survey, suspected that the instant housing was invaded by the boundary of neighboring land.

Accordingly, on November 19, 2015, the Plaintiff confirmed that the instant housing was invaded by the boundary of neighboring land through the boundary surveying.

E. Defendant C: around November 30, 2015, attached Form C

2. The instant housing with a ground plan such as drawing indication was completed.

When it was difficult for the Plaintiff to obtain approval for use by impairing the boundary of the adjoining land, the Plaintiff obtained a new architectural design drawing by removing a part of the adjoining building among the instant housing units from Defendant D around March 2016.

On August 1, 2015, the Plaintiff requested the Korea Land Information Corporation to conduct a re-survey in order to verify the boundary of the instant house, and paid KRW 833,800 to the Korea Land Information Corporation at its expense.

F. On October 1, 2016, Plaintiff A is between Nonparty F and the Plaintiff.

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