(영문) 서울고등법원 2018.05.24 2018나2009027

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.05.24 2018나2009027

손해배상(건)

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1. All appeals filed by the Plaintiff and Defendant C are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 2,90 square meters of E-maintenance located adjacent to the instant housing (hereinafter “instant housing”) and D, and the Plaintiff is the owner of 2,90 square meters of the instant housing, which is located adjacent to the instant housing.

B. On December 28, 2015, Defendant C leased the instant maintenance from Defendant B, without a deposit, for the purpose of operating the instant maintenance as a fishing place, at KRW 36,000,000 per annum, and from December 30, 2015, the lease period was 60 months from December 30, 2015.

(hereinafter “instant lease agreement”). C.

From January 19, 2016 to February 1, 2016, Defendant C performed land excavation works, etc. to create a depth of the maintenance of the instant case (hereinafter “instant maintenance and development works”), but the instant maintenance and development works were suspended due to the Plaintiff’s filing of a civil petition.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6, and 12, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion led to the instant maintenance and development project, which was owned by the Plaintiff, to an equal heat in the instant house, and the appraiser calculated KRW 24,565,069 (including value-added tax) with the repair cost for the said equal heat.

However, the instant maintenance and development project carried out by Defendant C was conducted under the direction and supervision of Defendant B’s wife H and ASEAN, who managed the instant maintenance and lease business upon delegation by Defendant B, and Defendant B did not demand the Defendant C to perform defense construction works to prevent the collapse of the ground of the instant housing that belongs to the said maintenance site, as the owner of the instant maintenance project during the said construction project, or the crack of the instant housing that belongs to the said maintenance site.

In addition, Defendant B moved the soil excavated from the maintenance of this case to his own land and manipulates the order of construction.

유사 판례

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-대법원 1990. 1. 25. 선고 89누5294 판결

-서울중앙지방법원 2016.11.23 2015가단5118482