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(영문) 수원지방법원 2018.04.20 2016가단513001
생활방해금지 등 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) KRW 2,00,000 as well as 5% per annum from April 29, 2016 to April 20, 2018; and

Reasons

1. Facts of recognition;

A. The Plaintiff shares the building listed in paragraph (1) of the attached Table No. 1 of the land and its ground on the land of Yeongdeungpo-gu, Yeongdeungpo-gu, as the spouse D and 1/2 shares, respectively. The Plaintiff’s family is residing in the Plaintiff’s housing.

On the other hand, the defendant is the owner of the land E and the building listed in the attached Table 2 of the land and its ground of the land adjacent to the plaintiff's house (hereinafter "the defendant's house"), and is residing with his family in the defendant's house.

B. The Plaintiff and D obtained a construction permit on October 24, 2014 with respect to the Plaintiff’s housing, and obtained approval for the use on July 24, 2015 from October 27, 2014.

C. Around July 2013, the Defendant resided after obtaining approval for the use of the Defendant’s house, and began construction for the installation of a flower in the Defendant’s house from October 29, 2014. Around November 8, 2014, the Defendant entered into a purchase agreement with F (G companies) on the purchase of a flower, and entered into the purchase agreement with F (G companies) around November 19, 2014, and used it in the way of putting the project in the said chemical column from November 21, 2014 to the said chemical column and using it.

The studio of the instant chemical studio is installed on the outer wall of the Plaintiff’s house at approximately 140 cm away from the outer wall of the Defendant’s house, and the exhaustro is located on the roof of the Defendant’s house at approximately 60 cm, and is located between the second floor and the third floor of the Plaintiff’s house.

The status is as follows:

(B) The following: (a) the left side of the photograph is the Defendant’s housing and the right side is the Plaintiff’s housing; (b) there is no dispute with the ground for recognition; (c) Gap’s evidence Nos. 1 through 4, 9, 10 (including each number; hereinafter the same shall apply); (d) the entries and images of Eul’s evidence Nos. 2 through 4, 6, 7, and 10; and (d)

2. The parties' assertion

A. The exhauster of the Plaintiff’s instant timbered engine is installed at a level lower than that of the Plaintiff’s house and approximately one meter away from the Plaintiff’s house. The wind is a slope.

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