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(영문) 광주지방법원해남지원 2016.11.29 2015가단1311
손해배상(기) 등
Text

1. The Defendant’s KRW 1,700,000 as well as the Plaintiff’s annual rate from February 10, 2015 to November 29, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the owner who completed the registration of ownership transfer on November 29, 201, on the ground of “Inheritance by agreement division on October 13, 201,” with respect to the 1,094 square meters in Jeonnam-gun, Jeonnam-do (hereinafter “instant land”). The Defendant is the Defendant, on December 3, 2013, “the instant land not exceeding 1,180 square meters adjoining to the original part of the instant land.”

(B) The Defendant purchased the instant land and completed the registration of ownership transfer on December 4, 2013. B. After purchasing the instant land, the Defendant discovered that the drainage pipe located in the instant land was occupied by the Defendant’s land and cut off the said drainage pipe in the vicinity of the boundary of both the instant land. As such, when rainwater, etc., which was unloaded from the instant land through the cut drainage pipe, flows out into the Defendant’s land, the Defendant, from December 2013 to January 2014, was in the form of a waterway through which water, such as rainwater, etc., that was unloaded from the instant land, can flow out into the instant land, by digging out a part of the instant land, could flow out through the fences located on the instant land. [In the absence of any grounds for recognition, subparagraphs 1 and 2-1, and 1-2, as a result of the on-site verification by this court, the purport of the entire pleadings as a whole.

2. On December 2014, the Plaintiff asserted that ① part of the instant land was made in the form of a waterway. ② Of the Defendant’s land, the Defendant installed a concrete retaining wall to enhance the ground adjacent to the instant land and let the rainwater, etc., coming on the instant land flow into the instant land.

As a result, the Plaintiff suffered losses that the status of the instant land was changed and the trees owned by the Plaintiff died on the instant land and was planned to do so, resulting in failure to cultivate vegetables (vegetables used as healthy foods, etc.).

The Defendant shall compensate the Plaintiff for damages for the construction cost of KRW 4,100,000 to recover the original state of the land, KRW 900,000 to re-frown trees, and KRW 8,000 to lost profits arising from the free production of a seed farming plan.

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