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(영문) 서울중앙지방법원 2018.02.09 2015가단5373623
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 49,00,000 as well as 5% per annum from April 30, 2016 to February 9, 2018.

Reasons

1. Basic facts

A. The plaintiff is the owner of land, such as Gwangju City C, and the defendant is the owner of D land.

The plaintiff and the defendant's land are adjoining to the land created by the E logistics complex development project. The operator of the development project, as shown in the annexed land drawings, improved the center part of the entire land for drainage, he stored a embankment of about 50-100 cm high with soil at the edge of the entire land, and about 50-100 cm wide and about 50-100 cm with width, he covered the ceiling, covered it, and made the land of 4 cm away from the entire site.

B. On December 30, 2014, the Defendant acquired ownership of the land in Gwangju City, which is part of the entire logistics complex, and thereafter performed the reinforcement work on July 2015 to promote the ground of the land owned by the Defendant, and then removed approximately 50cm from the Plaintiff’s land boundary, which is adjacent to the Defendant’s land, and restored the bank, and connect the bank to the outside drainage hole of the bank by installing a PE pipe (hereinafter “instant drainage pipe”) at a size of 150 meters in diameter. On the boundary line of the Defendant’s land and the Plaintiff’s land, the lower ground of the land was filled up at two parts of the walls and the height of the ground of the land was increased, and the reinforcement work was performed by piling up a brick of about 5 meters in height on the Defendant’s land.

C. On July 25, 2015, in the Gyeonggi-do City area, approximately KRW 75 meters of the rainfalled volume was lowered (in particular, 54.5 meters between new walls 4-5 and new walls) on the Plaintiff’s land, and the excellent amount, which was gathered due to the boundary of the original and Defendant’s land, flows out to the Defendant’s land due to the brick built by the Defendant, and the drainage pipe of this case installed by the Defendant did not function properly because the middle of the drainage pipe of this case was high. As such, the bank accumulated outside the Plaintiff’s land did not collapse, and the earth and hot water did not flow into the land owned by F Co., Ltd. (hereinafter “F”) located on the side below the Plaintiff’s land.

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