(영문) 수원지방법원 2017.12.22 2017나12711

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2017.12.22 2017나12711

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a party’s position 1) The Plaintiff’s “Plaintiff’s land (hereinafter “Plaintiff’s land”) and two-story neighborhood living facilities and detached houses (hereinafter “Plaintiff’s housing”) of the general steel frame 88 square meters in the Yeongdeungpo-gu in Suwon-gu and the ground.

(2) On March 11, 2013, the Defendant is the owner who purchased and acquired the Plaintiff’s land “D large 376 square meters (hereinafter “Defendant”) adjacent to the Plaintiff’s land.”

3) The illegal building ( toilet) owned by the previous owner of the Defendant’s land was constructed in a part of the Plaintiff’s land. However, around 2013, the Plaintiff and the Defendant partly damaged the walls and fences of the Plaintiff’s housing in the process of demolishing the existing building located on the Defendant’s land in order to build a new building. (B) The Plaintiff and the Defendant drafted a written agreement on the agreement and land exchange between the Plaintiff and the Defendant, around August 20, 2014, stating that “the Defendant is liable for civil and criminal liability if the agreed matters are not fulfilled.” However, there was a provision that “the Defendant is liable for civil and criminal liability if the agreed matters are not fulfilled, a cut line is replaced by the removal of oil damage and cleaning (foreign walls).” However, there was a seal affixed by the Plaintiff and the Defendant (hereinafter “instant agreement”).

In addition, the Plaintiff and the Defendant: (a) on the same day, divided one square meter in the front section of the Defendant’s land into the Plaintiff’s land; (b) combined the Plaintiff’s land by dividing one square meter out of the Plaintiff’s land into the Defendant’s land; and (c) if the division is not possible, the said agreement shall be null and void; and (d) the cost of subdivision surveying and notarial services shall be borne by the Plaintiff (hereinafter “instant exchange

[The facts that there is no dispute over the basis of recognition, Gap evidence 1 to 3, Eul evidence 1 to 1-2, and the purport of the whole pleadings.

2. Determination of the parties' arguments

A. The plaintiff's assertion 1.

유사 판례

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-인천지방법원 2019.12.20 2018가단29596

-서울중앙지방법원 2015.02.06 2011가단457634