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(영문) 춘천지방법원강릉지원 2016.04.27 2015가단22621
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The land of this case (hereinafter “instant land”) is a paper E, and a house constructed on the said land (hereinafter “instant house”) is owned by Nonparty F.

The Plaintiff leased and resides in the instant house from F around 2009.

B. The Defendant is the owner of G 15,868 square meters of land adjacent to the instant housing and land (hereinafter “instant adjacent land”).

C. The instant housing was built around 50 years prior to the instant construction. As trees on the instant adjacent land grow, some of the trees were entered the roof and math of the instant housing beyond the boundary of the instant land.

Around February 20, 2016, the Defendant, while the instant lawsuit was pending, removed the number of trees extending out from outside to the roof of the instant house.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendant is obligated to pay the Plaintiff KRW 3,00,00 to the expenses incurred in removing trees on the adjoining land of this case in accordance with Article 240 of the Civil Act, and ② to remove trees in a preparatory part on the part on the ship, as it interferes with the Plaintiff’s right to sunshine, view, and the right to pursue happiness, etc. by an ombudsman with the roof of the instant house in which the Plaintiff is residing and up to 1,225 square meters in size in the city of Gangseo-si, which the Plaintiff cultivated.

B. As to the primary claim for judgment 1, even if the land price of the trees adjacent to the instant land owned by the Defendant was infringed on the part on the instant ship beyond the boundary as alleged by the Plaintiff, according to Article 240 of the Civil Act, the Plaintiff may directly remove the trees where the Defendant requested the removal of the trees or the Defendant did not comply with the said claim, and the cost of removing the trees is required.

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