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(영문) 수원지방법원 2020.09.08 2018가단527202
손해배상(기)
Text

Plaintiff

A,

A. Defendant C Co., Ltd. shall pay KRW 22,593,600 as well as its annual interest from June 30, 2018 to September 8, 2020.

Reasons

1. Facts of recognition;

A. (1) Plaintiff B is the land indicated in paragraph (1) of the attached Table No. 1 owned by it (hereinafter “instant land”).

(3) Each of the houses listed in [Attachment 2 and 3] on the ground (hereinafter “instant 2 and 3 houses”) in order

(2) On December 7, 2012, Plaintiff B transferred the ownership of the instant land and the instant land, the instant land and the instant land, and the instant two houses, the ownership of which was transferred on September 3, 2007, to Plaintiff A, who was son on December 7, 2012, due to the same donation.

3) On December 6, 2019, while the lawsuit of this case is pending, Plaintiff A reserved the Defendant’s damage claim against the Defendant, who is his spouse, in the lawsuit of this case, and transferred the ownership of the instant land and the instant land Nos. 1 and 2 for the reason of donation on November 20, 2019. 4) Plaintiff B continued to reside with Plaintiff A after newly constructing the instant land Nos. 1 and 2.

B. 1) F is the land of this case and the land of this case Nos. 1 and 2 adjacent to the housing of this case, Namyang-si, Namyang-si, 506§³ (hereinafter “the land of this case”).

2) As to the land adjacent to the second person of this case, the land adjacent to the second person of this case is 30 square meters prior to H.

(2) Around February 2014, Defendant C entered into a contract with F to construct a building with the second underground floor and the second underground floor size (hereinafter “the first adjoining building”) on the ground adjoining land of this case (hereinafter “the first adjoining building”).

Accordingly, from the beginning of March 2014, Defendant C commenced the instant construction work and completed the instant construction work around December 2014.

On the other hand, F reported the commencement of the instant construction project on February 25, 2014 as the owner of the building adjacent to the first building of this case, and F completed the registration of initial ownership on February 3, 2015 after obtaining approval for use on December 2, 2014 with respect to the first building of this case.

3 Defendant D is F around March 2018 and the instant case.

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