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(영문) 의정부지방법원 2013.12.20 2012가단48084
소유권방해배제청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The Plaintiff’s assertion is the owner of the building listed in [Attachment List No. 1 (hereinafter “Plaintiff-owned building”) in [Attachment List No. 2005, and the Defendant is the owner of the building listed in [Attachment List No. 2 (hereinafter “Defendant-owned building”) located at a distance of about 1m from the Plaintiff’s owned building and approximately 201m.

In such cases, the defendant bears the duty not to interfere with life exceeding the permissible limit pursuant to Article 217 of the Civil Act to the plaintiff.

However, the Defendant: (a) placed gas boiler stoves installed in the Defendant-owned building in the direction of each window of the Plaintiff-owned building; and (b) caused the postponement of discharge, thereby making it impossible for the Plaintiff-owned building occupants to open and send their windows.

In addition, water drain connected to the rooftop of the building owned by the defendant is causing severe malodors in sewage holes due to water drained from the facility.

In addition, the defendant has a duty to reinstate the block fence which had existed between the plaintiff's building and the building in the process of constructing a new building owned by the defendant.

Therefore, the defendant is obligated to remove gas smoke, remove water receiving facilities, install a block fence, as stated in the purport of the claim, to the plaintiff, and also is obligated to pay 20 million won and delay damages to the plaintiff as consolation money for mental suffering.

2. In light of the judgment, Article 217 of the Civil Act (Prohibition of Disturbance against Acknowledgement by Smoke, etc.), “(i) the owner of land has a duty to take appropriate measures so that emulsion, heat heat, liquid, liquid, sound, vibration, and others similar thereto do not interfere with the use of adjoining land or cause harm to the neighbor’s living or damage to the neighbor’s daily life.” (ii) The neighbor’s resident has the duty to cite the situation under the preceding paragraph as appropriate for the ordinary use of adjoining land.”

As to this case, the health unit Nos. 1, 2, 5, and 1 to 1.

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