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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of a road C 44 square meters (hereinafter “Plaintiff-owned land”) in Ulsan-gu, Ulsan-gu, and the Defendant is the owner of D 46 square meters (hereinafter “Defendant-owned land”).
B. From May 2016, the Defendant completed the construction of a Class 1 neighborhood living facility on the land owned by the Defendant.
C. A part of the buildings constructed on the land owned by the Defendant was not secured at a distance not less than half of the distance from the boundary of the land owned by the Plaintiff.
[Ground of recognition] The items of evidence Nos. 1-3, 4, 2, and 3, and the purport of the whole pleadings
2. For the construction of the plaintiff’s alleged building, a distance not less than half meters from the boundary line shall be left except in exceptional circumstances.
(Article 242(1) of the Civil Act. The Defendant constructed a building on the land owned by the Defendant in violation of the above provisions of the Civil Act. Accordingly, the Plaintiff suffered damages on the part of the Plaintiff, which connects each point of the attached Table 4, 5, 8, 9, and 4 among the land owned by the Plaintiff, to the extent that the Plaintiff could not use the land in the ship (hereinafter “instant land”).
Therefore, the Defendant is obligated to pay the Plaintiff KRW 10,550,000, which is equivalent to the market price of the instant land, as compensation for damages.
3. The ownership of the land in this case is still owned by the plaintiff, and since the defendant did not commit the act of avoiding the ownership of the land in this case, even if the defendant constructed a building in violation of Article 242 (1) of the Civil Act and obstructed the use of part of the land owned by the plaintiff, such circumstance alone does not lead to the defendant causing damage to the plaintiff, and since there is no proof as to the damage, the plaintiff's claim in this case is dismissed as there is no reason.