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The Defendants jointly do so to the Plaintiff at KRW 33,112,644 as well as Defendant C and D as from April 1, 2017.
Reasons
1. Basic facts
A. The Plaintiff owns F.F. 225 square meters (hereinafter “the Plaintiff’s land”), and the Defendant C owns the Plaintiff’s land adjacent to the Plaintiff’s land, 8,018 square meters (hereinafter “the Defendant’s land”) prior to Gacheon-si, Seocheon-si, Incheon-si, H large 1181 square meters and buildings on its ground.
Defendant D is the wife of Defendant C.
B. On December 16, 2016, Defendant C obtained permission for the development of superior farmland with respect to the 1,910 square meters among the Defendant’s land (hereinafter “instant development permission”). Around that time, Defendant C entered into a construction contract with Defendant E on the construction work on the 1,910 square meters of land among the Defendant’s land (hereinafter “instant contract”).
C. Defendant E performed construction work in accordance with the instant contract, and around April 1, 2017, Defendant E cut off the Plaintiff’s land beyond the boundary of the instant Defendant’s land on the right and right.
As a result, the land of this case was changed to a slope where most of the land of this case was changed to a slope where approximately 45∑ 10· 20· 20· 20·.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 8 through 12, 15 through 17 (including numbers, if any; hereinafter the same shall apply), the appraiser I's appraisal result, the purport of the whole pleadings
2. The gist of the parties’ assertion is that the Defendants intentionally or negligently damaged the Plaintiff’s land, and the Defendants seek reimbursement of damages amounting to KRW 33,112,64 of the cost incurred in restoring the instant land to its original state, and damages for delay.
As to this, Defendant C and D shall be liable to Defendant E for the construction of the construction due to the damage of the Plaintiff’s land. Defendant C and D, who did not recognize the boundary between the Plaintiff’s land and the Defendant’s land, did not bear any liability for damages.
3. Determination
(a) Liability for damages.