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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The Plaintiff’s assertion that the Defendant destroyed the cement block fence owned by the Plaintiff during the new construction of a house on or around June 2012 without the Plaintiff’s permission, and thus, the Plaintiff is obligated to pay KRW 5,00,000 for the cost of restoration to its original state as compensation for damages and delay damages therefrom.
2. According to the reasoning of the evidence Nos. 1, 2, 3, and 4, each of the evidence Nos. 1, 2, 5, 6, and 7, and part of the testimony and pleadings by the witness of the trial party C, the Plaintiff is the owner of the house with a size of 306 square meters and 316 square meters adjacent to the above land, and the Defendant is the owner of the house with the above land. The Plaintiff resided in the above D house before the Defendant newly constructed the house, and installed a cement block fence at the boundary of the original and the Defendant’s land. The aforementioned fence was located on the straight line, not on each land boundary, but on each of the main points connected to the original and the Defendant’s land owned by the Defendant, and the Defendant arbitrarily damaged the wall’s land to the Plaintiff’s construction business operator without permission.
‘A summary order of KRW 300,00 is issued for the first time on January 16, 2013 by the Chuncheon District Court’s territorial branch office approximately KRW 201808,00, and the above order becomes final and conclusive on March 5, 2013.
The Plaintiff asserted that the Defendant’s wall was damaged by 2 meters high and 10 meters high and that it is necessary to restore it to its original state. However, the above evidence and the statement of Gap evidence No. 9 alone are insufficient to acknowledge that the wall of this case reached 2 meters high and 10 meters high, and there is no other evidence to acknowledge that the statement of Gap evidence No. 8 requires the amount equivalent to 5,000,000 won for the restoration to its original state, and otherwise, expenses for restoration, etc.