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(영문) 광주지방법원 2015.09.08 2014가단50543
지장물철거 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is indicated in the attached Form No. 1,618 square meters among the 1,618 square meters in Nam-gu, Nam-gu, Gwangju.

Reasons

1. According to Gap's evidence Nos. 1 and 2, Gap evidence Nos. 1 and 8, Gap evidence Nos. 3-1, Gap evidence Nos. 6-2, Eul evidence Nos. 6-2, the result of the on-site inspection conducted by this court and appraiser D's appraisal conducted on the part of the above building, Nam-gu, Nam-gu, Nam-gu, Gwangju (hereinafter "the land of this case") was merged with C. 1,618 square meters with C. 416 square meters on March 20, 2015; hereinafter "the land of this case"). The defendant owned four-story buildings on the land of this case adjacent to the land of this case. The defendant owned four-story building on the land of this case, Eul, Eul, and Eul evidence Nos. 3-2, Gap evidence Nos. 6-2, and Eul evidence Nos. 1 and 6-2, and the result of appraiser D's appraisal conducted on the ground of this case.

According to the above facts, the defendant, as the owner of the ground water of this case and the water supply center, is obligated to remove the ground water of this case and the water supply center of this case as the owner of the land of this case, seeking removal of interference based on ownership.

2. The Defendant’s judgment on the counterclaim claim asserted that the Plaintiff incurred damage, claiming that, in order to prevent the crackion, etc. of the adjacent building owned by the Defendant in constructing a new building on the instant land, the construction of the ground-breaking station and the retaining wall of the boundary should be carried out without properly taking such measures, and that, in the event that the cracks occur in the building owned by the Defendant and the water leakage occur in the building owned by the Defendant, it would be difficult to remove the aggregate and drained so that the water can not be properly drained. As such, 22,081,425 won is required at the expense of the retaining wall of the boundary and the ground construction to prevent the occurrence of such damage. As such, part of the above construction cost is paid.

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