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(영문) 서울중앙지방법원 2017.05.12 2016나42168
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On June 10, 1986, E purchased a building with a size of 383 square meters for FF 383 square meters (hereinafter “F land”) and the 4th and the 1st underground floor above that building. After that, on March 2, 1987, E purchased a G land immediately adjacent to F land (hereinafter “G land”) and newly constructed a building with a size of 2nd and the 1st underground floor above that time.

B. Defendant C and H purchased F land and its ground buildings on August 4, 2005 (hereinafter “Defendant building”) from auction procedure and completed the registration of ownership transfer by 1/2 shares, respectively.

After that, as H died on October 19, 2007, the Defendants inherited H’s shares according to their inheritance shares, and thus, the percentage of shares owned by the Defendants relating to F land and Defendant Building became 2/18 (Defendant B), 14/18 (Defendant C), and 2/18 (Defendant D).

On the other hand, on November 14, 2005, the Plaintiff purchased the G land and its ground buildings from the auction procedure, removed the existing buildings, and newly constructed the three-story building on the ground (hereinafter “Plaintiff building”) on October 30, 2012, and completed registration of ownership preservation in the future of the Plaintiff on October 30, 2012.

C. At the time of the initial acquisition of the Defendant C and H’s land and the Defendant’s building, the boundary between the underground floor of each of the instant land and the building located on the G were unclear, the Plaintiff installed a fence on the underground floor connected with each other, and divided the fence on the underground floor. In the process of constructing the Plaintiff’s building, the Plaintiff, as between Defendant B and the Plaintiff on August 21, 2012, installed a septic tank of the Defendant building (hereinafter “instant septic tank”) to supplement the fences and partitions damaged by the Plaintiff’s main work to prevent waterproof treatment of the unbrupted and damaged by the instant septic tank, and the Defendant B should pay the Plaintiff the price of KRW 200,000 per month in relation to the use of the part of the G land owned by the Plaintiff.

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