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(영문) 춘천지방법원 2020.11.19 2019나54877
손해배상(기)
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant jointly purchased land of Ri (hereinafter “Cri”) D, E, and F in order to build their respective houses and reside in adjoining neighbors. The said land became F, G, H, I, J, K, and K land through merger and division.

B. The G land and K land were owned by the Plaintiff for reasons of subsequent exchange, etc., and F land, H land, I land, and J land were owned by the Defendant.

C. Around January 2010, the Defendant prepared and proposed to the Plaintiff a letter of consent to use of the access road (hereinafter “this case’s consent”) with the following content.

“The area used on the instant consent to use the land in question was divided into J land on July 21, 2010. The Defendant, as the Defendant’s owner, shall consent to use it as an access road to the new construction of a detached house, and the Defendant shall not either intend to use it or grant another person the right to re-use it after the consent.”

D. On January 28, 2010, the Plaintiff filed an application for a construction permit to newly construct a single house on the ground level of the first floor above the instant G land (hereinafter “instant house”) at the original city, and around that time, newly built the instant house upon obtaining a construction permit from the original city at the original city.

E. Around March 2016, the Plaintiff performed a construction project to stack a stable around the instant housing (hereinafter “instant construction”) and the Defendant prevented entry of dump trucks and plugs entering the instant J land for the instant construction project.

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings, as to Gap's evidence 1 to 3, 5, 13 (including each number; hereinafter the same shall apply)

2. Determination on the main claim

A. The scope of the judgment of this court is that the plaintiff in the first instance court compensates the defendant for property damage caused by obstruction of large construction works, consolation money caused by assault, and consolation money caused by obstruction of large construction works.

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