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(영문) 서울중앙지방법원 2014.11.20 2013가합19293
손해배상
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. On April 26, 2010, the Plaintiff completed the registration of ownership transfer with respect to B large 466 square meters (hereinafter “Plaintiff-owned land”) in Yeongdeungpo-gu Seoul Metropolitan Government.

On November 21, 201, the Plaintiff removed an old building with the third floor size on the land, and constructed a new building with the 14th floor size above the second floor above the ground (hereinafter “Plaintiff-owned new building”) on the land around December 13, 201, and completed the construction around December 2012.

From December 27, 1988, the Defendant owned a Gu building of 350 square meters in Yeongdeungpo-gu Seoul Metropolitan Government, Seoul, which is adjacent to the Plaintiff’s land, and of 20 square meters in D large scale and 3 floors in its ground (hereinafter “Defendant-owned building”).

(A) On October 19, 2012, the Defendant owned only a part of the shares, and became the sole owner of each real estate. The Defendant removed the old building owned by the Defendant around June 2012 and constructed a new building with the size of 2nd underground and 13th above the ground (hereinafter “new building owned by the Defendant”) on the land owned by the Defendant from around December 5, 2012, and completed the construction on December 19, 2013.

[Ground of recognition] Facts without dispute, Gap 1,20,21, Eul 2, the purport of the whole pleadings

2. Determination on the main claim

A. 1) Part 1 of the old building owned by the Plaintiff’s assertion that part of the part of the old building owned by the Defendant infringed on the boundary of the Plaintiff’s land, and the Plaintiff was bound to newly construct the new building by reducing the total floor area of the new building owned by the Plaintiff. As a result, the Defendant was obligated to compensate the Plaintiff for the damages amounting to KRW 100 million out of the total amount of damages equivalent to the rent for 30 years reduced to KRW 576 million. 2) The appraiser E was in charge of compensating the Plaintiff for the damages amounting to KRW 100 million out of the total amount of damages equivalent to the rent for 30 years reduced to the Plaintiff. 2) The appraiser E connected the building owned by the Defendant with each point of the attached Form 40,37,39, 38, 42, 41, 40, and 37 of the land owned by the Plaintiff.

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