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(영문) 창원지방법원 2019.01.10 2017가합54732
건축에관한 소송
Text

1. The defendant shall be the plaintiff.

A. The building is building E on the ground of the land of 494 square meters in the city of Kimhae-si, Kimhae-si, D 212 square meters in the city of Kimhae-si.

Reasons

1. Basic facts

A. The Plaintiff is a party’s position 1) The Plaintiff is a land of 212 square meters in Kimhae-si D. (hereinafter “Plaintiff’s land”).

) The building E (hereinafter referred to as “Plaintiff’s Housing”) at the time of its ground and Kimhae-si.

(2) The Defendant is the owner of the Plaintiff’s land with the Plaintiff’s husband on October 15, 1992, and the Plaintiff’s land and the Plaintiff’s housing were purchased on October 15, 1992. (2) The Defendant is the owner of the Plaintiff’s land with the Plaintiff’s husband located in the Plaintiff’s housing.

3) The Defendant’s land is adjacent to the Plaintiff’s outer wall, and the Plaintiff’s land and the Defendant’s land are divided into the Plaintiff’s land and the Defendant’s land at the boundary of the Plaintiff’s outer wall. (B) The Defendant purchased the Defendant’s land around May 2012, and around August 2012, in order to create the Defendant’s housing on that ground (hereinafter “instant land”).

2) On December 5, 2013, the Defendant obtained approval for use on the Defendant’s housing, and completed registration for the preservation of ownership on February 3, 2014. 3) After the instant embiation, the Plaintiff’s housing was flooded when fung occurs on the inner wall and the floor of the Plaintiff’s housing and there is a heavy rain.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 4, 5, 9, 11, and Eul No. 2 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff's land located in a higher area than the original defendant's land was located in a lower area than the defendant's land due to the ground of this case illegally performed without permission under the related Acts and subordinate statutes. In particular, the defendant filled up the part adjacent to the plaintiff's house outer wall of the defendant's land up to 50cm, and the plaintiff's house was covered by the soil of the defendant's land up to the lower limit of the kitchen window. Accordingly, the plaintiff's land on the wall and the floor inside the house of the plaintiff's house were fung, and the plaintiff's house is flooded repeatedly if they come to fung.

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