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(영문) 대구지방법원경주지원 2016.08.09 2016가단1437
방해배제 및 위자료
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion is that the Plaintiff owned a house on the ground of 191.5 square meters in the Do, Sejong-si (hereinafter “Plaintiff’s house”) and resides therein from December 1, 1989. Defendant B owned 1/2 of the Plaintiff’s house on the ground of 176.4 square meters in the e-si, Sejong-si, which is adjacent to the Plaintiff’s house (hereinafter “the Defendant’s house”), and resides in the two floors of the Defendants’ house. Defendant C owns 1/2 of the Defendants’ housing.

However, as water can not play a role in the wind of the water tank installed in the Defendants’ housing, rainwater flows into the Plaintiff’s housing. As sewerage pipelines installed in the Defendants’ housing prevent, the Defendant’s residential sewage flows into the Plaintiff’s housing mail for about two years, malodor was generated in the Plaintiff’s housing.

Therefore, the defendants should compensate for the mental damage 10,000,000 won suffered by the plaintiff due to malodor.

2. The Defendants asserted that the facts of malodor generated in the Plaintiff’s housing cannot be acknowledged due to the Defendants’ water storage or the functional defect in the sewerage pipeline. It is not sufficient to acknowledge that there was a defect in the water supply and sewerage pipeline in the Plaintiff’s housing, and that there was a malodor that exceeds the ordinary tolerance limit in the Plaintiff’s housing, and that there was a proximate causal link between the above defect and the Plaintiff’s damage, and there is no other evidence to prove otherwise.

3. In conclusion, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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