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(영문) 대전지방법원홍성지원 2015.07.08 2015가단2997
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, based on the facts, was awarded a successful bid for each of the real estate listed in the list of the attached real estate (hereinafter “instant real estate”) during the voluntary auction procedure for Red Branch B with the Daejeon District Court, and completed the registration of ownership transfer on August 9, 2013.

From May 4, 2012 to November 1, 2013, the Defendant performed road construction works according to the “military district hub proliferation-type residential environment improvement project.”

The “D”, which is a road adjacent to the instant real estate, was originally four meters wide.

The defendant extended the above road to a wide range of 10 meters (hereinafter referred to as the “instant construction”). As a result, there was a difference between 0.85 meters and 1m height between the parking lot site of the instant real estate and the road adjacent to the said site (hereinafter referred to as the “road”).

[Ground of recognition] Facts without dispute, Gap 1, 3, Eul 1 (including each number in the case of additional number), the purport of the whole pleadings

2. Although the Defendant, which caused the Plaintiff’s claim, should perform road expansion construction in line with the height of the site of the instant real estate parking lot and the height of the instant road, the instant construction was conducted to create a height difference without the Plaintiff’s consent, and as a result, it became impossible for the Defendant to enter the instant road as a parking lot for the instant real estate.

In order to conduct slope management for the part of the access road to the parking lot of the instant real estate (hereinafter referred to as “the access road of this case”) on the instant road so that vehicles can enter the road of this case, the oil tank, sewage tank, etc. which are laid underground of the above access road shall be removed and new oil tank, sewage tank, etc. shall be installed again along with the slope.

The plaintiff suffered damages equivalent to the costs of re-installation oil tanks, sewage tanks, etc. due to the defendant's tort, and the defendant is liable to compensate the plaintiff for damages amounting to KRW 11,650,000 and damages for delay.

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