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(영문) 대전지방법원 2021.01.20 2018가단215043
손해배상(기)
Text

1. The defendant shall pay 1,815,000 won to the plaintiff and 12% per annum from January 21, 2021 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land D 2,020 square meters (hereinafter “Plaintiff’s land”). The Defendant is the owner of E field, E, 3,081 square meters adjacent to the Plaintiff’s land, and the Defendant’s land is located in a zone higher than the Plaintiff’s land (hereinafter “Defendant’s land”). B. The current status of the Plaintiff’s land, the Defendant’s land, and the surrounding land is identical with the attached drawing, and the land adjacent to the Plaintiff’s land is a river site with a lower area than the Plaintiff’s land (hereinafter “F,000 square meters”).

In around 207, the Defendant, in the course of constructing a farming warehouse and a toilet in the vicinity of the Plaintiff’s land and the Defendant’s land, was invaded by a part of the Plaintiff’s land [part of the part on a ship (b) and 32 square meters (hereinafter “the part on (b) of this case”) connected in order to each point of the attached drawing Nos. 4, 5, 6, 7, 8, and 4]. The Plaintiff filed a lawsuit against the Defendant seeking removal of the building, etc. under the Daejeon District Court 2010 Ghana 52864.

In the process of the foregoing lawsuit, the Plaintiff and the Defendant: (a) removed a provisional building built in the course of the Plaintiff’s land erosion; and (b) transferred the affected land to the Defendant. Reconciliation was established with the content of “a settlement”.

(d)

In accordance with the above reconciliation clause, the Defendant removed a building and returned the land in which he was deprived to the Plaintiff. However, the Defendant failed to properly treat the waste water pipe in the toilet installed near the boundary, thereby causing the Plaintiff’s waste water to flow out into the land.

E. The Defendant’s land (dry field) is a flat, and the Defendant cultivated crops at that place. The Defendant installed a drainage pipe on the part of the Defendant’s land located on the upper part of the instant land located on the upper part of the part of 51 square meters (hereinafter “the instant part”) connected each point of (c) part of the attached Form No. 10, 11, 12, 13, 14, 15, and 10, which is the Plaintiff’s land.

As a result, in the event that water is drained on the defendant's land due to rainy, water in this case (C) with low area through the drain pipe is set off.

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