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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the overall purport of the statements and arguments by Gap's evidence Nos. 1 through 5 and Eul's evidence Nos. 6 (including each number), the plaintiff owned the land building C in Busan-gun, and the defendant purchased D's adjacent land under the name of his/her father E and completed the construction of the fourth floor apartment house from February 2013 to August 2013.
2. The plaintiff asserts that the right to enjoy sunshine, view, and privacy of the building that was newly constructed by the defendant was infringed, and the outer wall of the building owned by the plaintiff was damaged in the course of construction of the building. As a result, the defendant asserts that the defendant agreed to pay the plaintiff KRW 38,768,00, including the cost of coloring the building, to pay the plaintiff KRW 38,768,00.
In accordance with the evidence that the Defendant agreed to pay the damages as above to the Plaintiff, there are evidence Nos. 10 and 12-1 and 2, and testimony No. 6 of the witness F.
The evidence No. 10 is F’s letter of certification that, in the process, F mediated a dispute between the Plaintiff and the Defendant, the Defendant agreed to pay damages to the Plaintiff on September 13, 2013, and F’s testimony is also the same purport.
However, according to the overall purport of Gap evidence Nos. 6, 9, and Eul evidence Nos. 1 through 6 (including each number), the plaintiff has a problem as to the access road where the above building was in progress from June 2013 to August 2013 when the construction of the above building was in progress.
A civil petition is submitted to the captain-military office four times to the effect that an illegal act should not cause approval for use in the construction process. The original defendant's building is designed by using a closed road owned by the country that the plaintiff actually occupied and used as an access road and obtained a building permit. The above closed road is closed due to reasons such as the plaintiff's continuing filing a civil petition against it.