1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. From around 1997 to the date of Busan, the Plaintiff is a person operating a parking lot (hereinafter “instant parking lot”) with the trade name of “D” (hereinafter “instant parking lot”) which was leased with B, Seo-gu, Busan (hereinafter “the instant land 1”) and C, 345.4 square meters (hereinafter “the instant land 2”).

B. On January 10, 2014, the Plaintiff leased and operated the instant parking lot. ① Of the instant land No. 1, 132.4 square meters, the Plaintiff was divided into Seo-gu, Busan, and ② 100.2 square meters out of the instant land No. 2 into Busan, Seo-gu.

(hereinafter referred to as the “instant project site” in total of the foregoing E and F land.

Busan Metropolitan City completed the registration procedure for ownership transfer of the instant project site through consultation between the owner of the instant project site and the acquisition procedure for road expansion construction. D.

From March 2014, the Defendant performed the construction project from around 2014 to around 2014 (hereinafter “instant construction project”). The instant site is also included in the instant construction project.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 (including virtual number), Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) From October 2015 to February 2016, the Defendant installed a pen in front of the instant parking lot, and installed a construction work from around three months to around February 2016. In the process, the Defendant occupied a certain size of the instant parking lot, as well as the noise and dust generated in the construction process, causing a decrease in revenues that the Plaintiff could obtain by operating the instant parking lot, and the Plaintiff suffered injury after exceeding the pents installed by the Defendant. Accordingly, the Defendant is obliged to pay the Plaintiff a total of KRW 10 million for direct loss, KRW 7 million for compensation for damage to the Plaintiff’s physical and mental loss, and a delay damages therefrom.

(b) Determination 1 business loss compensation amount for damages equivalent to the amount of the business revenue reduced.