(영문) 부산지방법원 2015.04.16 2013가단63666

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(영문) 부산지방법원 2015.04.16 2013가단63666

손해배상(기)

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1. The Defendant’s KRW 34,110,70 for the Plaintiff and KRW 5% per annum from August 2, 2013 to April 16, 2015.

Reasons

1. Basic facts

A. The Plaintiff is the owner of a 4-story housing and a neighborhood living facility building (hereinafter “Plaintiff’s building”) on the ground of 732m2m2, Busan Geum-gu, Busan, which is located in the same Dong, and is the owner of the above site.

B. The Defendant is a construction company that conducted construction works on the third and fourth apartment (multi-family housing) of the ground level D (multi-family housing) on the ground level 24th floor adjacent to the north of the Plaintiff’s building (hereinafter “instant construction works”) with permission from the competent authority.

C. The Defendant, who intrudes the Plaintiff’s land and connects each point of 10,9,5,11, and 10 in the attached drawing, installs a retaining wall on the ground of 2.2 square meters in part of “b” in the ship.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 to 4 (including additional number), the result of the survey and appraisal conducted by appraiser E, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff is liable to pay the Plaintiff KRW 30,110,70 to the Plaintiff, since the Plaintiff’s building was damaged due to the instant construction project, and the amount of damages with a causal relationship with the instant construction project is KRW 30,110,700 according to the appraiser F’s appraisal result.

B. The part of the bend part of the D apartment built by the Defendant, which faces with the window of the bath of the Plaintiff 2 and the third floor of the Plaintiff’s 3th floor. The fourth floor urban-type housing built by the Defendant on the same side of the Plaintiff’s building, is also drinking with the window of the bath of the Plaintiff’s building, and the screen facilities are necessary to protect the privacy of the users using the bath of the Plaintiff’s building. As such, the Defendant should bear the installation cost of the 4,130,000 won.

C. The Defendant is obligated to remove the retaining wall installed by breaking the Plaintiff’s land and deliver the building site to the Plaintiff.

The Plaintiff seeking compensation for mental damage shall be in the process of the instant construction work.

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