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(영문) 수원지방법원성남지원 2016.09.22 2014가단26506
손해배상(기)
Text

1. The Defendant: 23,080,80 won to Plaintiff A Co., Ltd. and 5% per annum from November 15, 2014 to September 22, 2016.

Reasons

1. Facts of recognition;

A. D is the owner of the E-lux 659 square meters in Gwangju-si (hereinafter “1”) and the F-748 square meters in total F (hereinafter “2 land”), and is residing in the first land housing from June 2009.

The Defendant is a 50/303 equity owner of G road (hereinafter referred to as “third land”) of 303 square meters (hereinafter referred to as “third land”).

B. On October 28, 2013, the Plaintiff Company contracted the new construction of the fourth floor multi-family house on the land No. 2 (hereinafter “instant construction”) by designating the construction cost of KRW 913,00,000 as the construction cost, and the completion date of the completion plan for the new construction of the fourth floor on the land No. 203, May 30, 2014, and continued construction work thereafter.

C. The part on the ship connecting each point in the order of indication 1, 2, 3, 4, and 1 of the annexed drawing among the land 3 and the part on the ship (C) connecting each point in the order of 3, 5, 6, 7, and 3 of the annexed drawing, has been used as a current status road (hereinafter “instant current status road”) along with each part of the adjacent land of 897 square meters and 471 square meters of H river in Gwangju-si, Gwangju-si, and the part on the part of the adjacent land.

In addition, in order to enter the land from the first and second land to the public service, the current status of this case must be the road.

Around January 17, 2014, the Defendant installed stone festivals and concrete fixtures (hereinafter referred to as “tin axis”) at approximately 13 meters in length, about 7-70cm in height, and about 27-74cm in width, and removed part of the stone axis and concrete fixtures at around July 2014. On November 15, 2014, the Defendant removed the additional stone axis (attached appraisal is also attached to the stone shed installed on the land of 3 square meters in order to connect each point of 9, 10, 11, 12, 13, and 9 square meters in length).

E. Among the current roads of this case, the opposite point where the said stone axis is installed is an acute slope toward the river along the bordering of the river, and there is no safety facility to prevent the fall of the vehicle.

On the other hand, the width of the entry into the current road of this case is 3.6-3.7m, among which about 40cm in the width of the river is about the ground, and there is a phenomenon such as equal heat when the vehicle passes through due to weak ground or falling into soil in the direction of the river.

F. The instant case is due to the stone axis established by the Defendant.

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