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(영문) 서울남부지방법원 2015.07.10 2015나873
손해배상 등
Text

1. The part against the Defendants in the judgment of the court of first instance is revoked, and all of the Plaintiff’s claims corresponding to the revocation part are revoked.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Yangcheon-gu Seoul Metropolitan Government D 126.5 square meters (hereinafter “Plaintiff’s land”), and E is the husband of Defendant B and the father of Defendant C, who is the owner of the Yangcheon-gu Seoul Metropolitan Government Fro 184.4 square meters (hereinafter “Defendant’s land”).

B. The current status of the land and the land on the part of the defendant are adjoining to the land of 100.2 square meters in Yangcheon-gu Seoul Metropolitan Government G Road (hereinafter “instant road”), and the specific form is as shown in the current status of the attached land.

C. In around 2012, the Plaintiff, including the instant damage act, set up a brick fence (hereinafter “instant fence”) according to the boundary between the Defendant’s land and the instant road while resisting the use of the instant road by E and the Defendants for vehicle traffic. The instant fence was constructed on the Defendant’s land.

Accordingly, around 20:00 on July 27, 2012, the Defendants: (a) unloaded part of the wall of this case as a tool, such as a locking, and destroyed it (hereinafter “damage of this case”); (b) on May 15, 2013, the Defendants were sentenced to a fine of KRW 500,000 for each of the crimes of violation of the Punishment of Violences, etc. Act (joint property damage, etc.) by Seoul Southern District Court 2013Ma1137 on May 15, 2013 due to the damage of this case; and (c) appealed, on July 19, 2013, the Seoul Southern District Court 2013No831 (joint property damage, etc.) rendered a judgment of each suspended sentence regarding the crime of violation of the Punishment of Violences, etc. Act (joint property damage, etc.).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3, 4, 5, 7, 8-1, and the purport of the whole pleadings

2. The parties' assertion;

A. The Defendants, the joint tortfeasor, are jointly and severally liable to compensate the Plaintiff for property damage arising from the damage of the instant fence that was damaged by the Plaintiff’s act of destruction of the instant fence, and the repair of the instant fence was necessary, as well as the Plaintiff’s considerable mental impulse.

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