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(영문) 의정부지방법원 2016.10.26 2014가합10530
손해배상
Text

1. Defendant B’s KRW 13,930,018 as well as 5% per annum from May 14, 2013 to October 26, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the E-U.S. 2709 square meters (hereinafter “Plaintiff-owned land”) in Namyang-si, Namyang-si, and the Defendant B is the owner of the F-U.S. 500 square meters wide adjacent thereto (hereinafter “Defendant-owned land”). The said two lands were in the form of a photo that seems to flow from the land owned by the Plaintiff to the land owned by the Defendant.

B. From March 2013, Defendant B performed a construction work to build a new manager on a ship connecting each point of the 31,32,33,34, and 31, which is linked to the land owned by the Plaintiff among the land owned by the Defendant. As can be seen from the said appraisal, the said manager was constructed near the land owned by the Plaintiff to the extent that the last part of the eaves is located within the boundary of the said two land.

C. From the time of the new construction of the above manager, the Plaintiff resisted that Defendant B cut trees, which were planted by cutting down or cutting down the land owned by the Plaintiff. Of the current land owned by the Plaintiff, the portion (3) in the ship connecting each point of the attached Table No. 10, 11, 12, 13, 23, 20, 29, 28, 27, 26, and 10 in sequence among the land owned by the Plaintiff (hereinafter “the appraisal portion”) (hereinafter “the part”) in the shape of cutting down the Plaintiff’s land rapidly.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 6 evidence, 12 evidence, the result of the verification by this court, the result of the appraiser G's survey and appraisal, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The part of the ship (2) that connects each point of 22, 23, 30, 29, 28, 27, 26, 25, 24, and 22 stated in the attached Table No. 22, 23, 30, 29, 28, 27, 27, 26, 25, 24, and 22 with Defendant C and Defendant D, who are in charge of design while constructing a manager

[3] The Defendants jointly do so and simultaneously do so, since the appraisal level (the three parts are cut off and flown into the part, thereby causing damages to the Plaintiff due to the lack of soil and sand in that part).

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