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(영문) 의정부지방법원 2018.03.22 2017나207261
손해배상(건)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the first instance except for adding the judgment, which is identical to that of the judgment of the first instance, as stated in the main sentence of Article 420 of the Civil Procedure Act, on the grounds that the plaintiff asserts again in the trial of the first instance.

2. Determination on addition

A. The Plaintiff’s assertion 1) Plaintiff’s assertion ① The Defendant is not only the water supply pipes of the above C land, but also the sewerage pipes and excellent pipes (hereinafter “the instant sewerage pipes, etc.”) to the Plaintiff.

The part of the above F’s current status road (hereinafter “instant current status road”) is deemed to be the part of the above F’s land.

(2) In order to construct the above waterworks pipes, the construction of the block and fences must be removed in order to construct the above waterworks pipes, and the costs (4,081,522 won) required to remove and rebuild the whole of the block and fences should be included within the scope of compensation for damages, as the sewerage pipes, etc. were discovered in the above land, and again, the instant sewerage pipes, etc. were transferred to the present part. Nevertheless, the Defendant did not perform the obligation under each of the above agreements up to the present day. Thus, the Defendant is liable to compensate the Plaintiff for damages due to nonperformance. (2) In addition, even if the Defendant is obligated to transfer only the water supply pipes of the above land, the Defendant must remove the block and fences installed on the ground to construct the above waterworks pipes.

B. 1) In light of the following circumstances, the Defendant agreed to install the instant sewerage pipes, etc. on the part of the present status in the sales contract, in light of the following circumstances, which can be acknowledged by comprehensively considering the overall purport of the pleadings, as follows: Gap 1, 2, 5 through 9, 14 through 16, 21, 22, 25, 27, 33 through 36, 40, 41, 49, 51 through 53 (each of the entries, including virtual numbers, on the part of the present status.

or after the conclusion of the above sales contract, the same terms and conditions shall apply.

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