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(영문) 수원지방법원 성남지원 2018.05.25 2017가단11611
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 25, 2013, the Plaintiffs are co-owners of 1370 square meters in response to the wife E-Mon-si on October 25, 2013, and the Defendants are co-owners of 2969 square meters in response to the F field, the adjacent land.

B. The above land is composed of stairs and will be developed into a housing complex for electric power supply in the future. The plaintiffs' land is located in the upper floor, the defendants' land is adjacent to the lower floor, and there was a stone shed with a height of about 4 meters (hereinafter "the instant stone shed") depending on the boundary of both land around 2013 to purchase the plaintiffs' land.

C. The Defendants recently performed banking operations on the Defendants’ land, and as a result, a significant portion of the instant stone axis was buried below the surface of the earth.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 2-2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion was installed particularly in consideration of the aesthetic view by taking the cost of KRW 50,00,000 as the material of the stone stone. As a result, the Defendants’ embling operations lose the scenic value due to the burial of stone, the Plaintiff’s obligation to compensate for the expenses corresponding to the restoration to its original state.

B. Unlike movable property, real estate, such as relevant legal principles, exists adjacent to one another, and there is a need to coordinate the mutual use of adjoining real estate for the smooth use of real estate, and if the owner of adjoining real estate claims the unlimited ownership of each other, this would eventually result in the other owner’s unfair decline in the ability to use, profit from, and dispose of the real estate.

Therefore, only in the case of harmful interference beyond the ordinary use of the adjoining real estate, the cause provider's duty to take necessary measures and duty to bear expenses is generated. Here, "ordinary use" means the real estate taking into account the regional circumstances and the present situation.

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