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(영문) 대구지방법원 2014.12.09 2013가단47870
손해배상(기)
Text

1. The Defendant indicated in the attached Form No. 1, 2, 18, 17, 12, 13, 14, 15, 16, among the land size of F 472 square meters in Daegu-gun, the Plaintiffs.

Reasons

1. Basic facts

A. The Flux 472 square meters (hereinafter “instant land”) and the cement brick slives sloping roof were owned by the deceased A (hereinafter “the deceased”). The deceased died on October 23, 2014 when the instant lawsuit was pending, and Plaintiff C and D, as his heir, took over the instant lawsuit.

B. The Defendant is the owner of G Dae-gu, 510 square meters adjacent to the instant land.

C. There is a fence between the instant land and the instant land owned by the Defendant, and on the basis of the said fence, the Defendant occupied the portion of 14 square meters in part (a) in the ship, which successively connected each of the instant land to each of the items of (a) and 14 square meters in sequence, among the instant land, and installed concrete packaging on that land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7; the result of this court's request for appraisal of appraiser H; the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs' claim 1) The land of this case and the land owned by the defendant were the same as the ground height, so natural oil, such as rainwater, did not flow into the other party's land.

B) However, around December 2001, the Defendant, while constructing a building on the land owned by the Defendant and raising the existing ground height to a level of one meter without permission for development, continued to flow away from the land owned by the Defendant into the instant land. Accordingly, the Defendant is obliged to pay the Plaintiffs the repair cost of KRW 11,528,00,000 necessary for restoring damage to the building and fence owned by the Plaintiffs and KRW 5 million for consolation damages caused by the said damage.

2. The part of the removal and the claim for delivery of land is to be made to the part of the land in question.

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