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(영문) 서울중앙지방법원 2021.01.19 2018가단5231515
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C and D shall each be 20,719,280 won and each of them shall be from July 13, 2016 to January 19, 2021.

Reasons

Basic Facts

Defendant C and D owned each of the 1/2 shares from November 3, 2014 with respect to the land of 402 square meters (hereinafter “Plaintiff’s land”) in the Republic of Korea, 750 square meters (hereinafter “B”) prior to Macheon-si, Macheon-si, and the land of 750 square meters in the Republic of Korea (hereinafter “instant land”).

Plaintiff

The land on the side and B is adjacent to each other, and the land on the side of the plaintiff is located in the northwest and northwest, and there was a slope from the land on the side of the plaintiff at the time of the contract of this case to the land on the side of the plaintiff at the time of the contract of this case.

Plaintiff

In the south of the land on the side and the east side of the land B, a river (hereinafter referred to as "neighboring river") flows into the east.

Plaintiff

Land on the side is located at a higher level than 7.382 meters than adjacent rivers.

Defendant C and D, around around 2014, owned the Plaintiff’s land on the Plaintiff’s side and B, installed a stone retaining wall with an average of 2.4 meters high on the side of the border of the instant land and the neighboring river (hereinafter “the retaining wall of the first stone embankment”) and filled up the ground.

On October 15, 2015, Defendant C and D sold 1/2 shares of each Plaintiff’s land to the Plaintiff (hereinafter “instant sales contract”). The Plaintiff completed the registration of ownership transfer on November 2, 2015 with respect to the said land.

On October 26, 2015, Defendant C and D sold 1/2 shares of land on each side of B to Defendant B, and Defendant B completed the registration of ownership transfer on November 2, 2015 with respect to land on the side of B.

On March 2016, the Plaintiff installed a reinforced soil retaining wall with a height of 50 cm from 100 to 100 cm (hereinafter “a reinforced soil retaining wall”) on the southwest and southwest of the Plaintiff’s land (hereinafter “around March 2016, the Plaintiff filled up the retaining wall with a height of 10 cm above the retaining wall. The Plaintiff constructed a reinforced concrete with a height of 10 cm above the retaining wall.

around May 2016, Defendant B installed a stone retaining wall (hereinafter “second stone retaining wall”) with a height of approximately two meters on the southwest of the land on the side of B (the adjoining side of the Plaintiff’s land) and on the south east side of the land on the side of B, with an average height of at least 1.8 meters (hereinafter “second stone retaining wall”). Defendant B filled the ground of the retaining wall with a height of at least 1.8 meters.

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