(영문) 서울서부지방법원 2014.10.22 2014고정215

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(영문) 서울서부지방법원 2014.10.22 2014고정215

재물손괴

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The accused shall dismiss an application for a compensation order filed by the applicant for a compensation order.

The summary of the judgment against the defendant.

Reasons

1. The summary of the facts charged in this case is as follows: (a) the Defendant destroyed property that is equivalent to KRW 2,300,000 for repair costs on the ground that the Defendant’s access to the front of the victim’s residence in Seodaemun-gu Seoul Metropolitan Government from around October 4, 2013 to around 14:40 of the same day is difficult; (b) the victim’s wall fence was removed to remove the victim’s residence and fence; and (c) the Defendant damaged the property.

2. On the other hand, the Defendant asserts that, although there was a fact that part of the fence, which forms the boundary between the house owned by the Defendant and the victim’s house, the aforementioned fence is a newly constructed wall by the former owner of the house owned by the Defendant, and even if not, there was no awareness of the fact that it is another’s property in light of the situation of surrounding land and the building status.

3. Determination

A. According to the current state photograph of the Defendant’s fence, E, and F’s testimony and building, etc., and cadastral map description, the Defendant was the owner of the building G in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. The above building and its surrounding wall was constructed by E in 1994. As above, E constructed a wall surrounding the house in a way of putting the wall up to the block fence already installed in order to clarify the boundary between neighboring land in constructing a building, and constructed the wall up to the fence (the fence below) with which the Defendant removed the wall. E built the wall up to the fence (the fence below below). D used the wall in this case; C purchased D land and its ground building in 1997, and he stockpiled the wall up to the wall so that they were loaded up to the wall so that they could not stick up to the wall, which was owned by C, to secure the road fence.

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