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(영문) 부산지방법원 2020.06.10 2019나53105
건물등철거
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except where the plaintiff added the following judgments as to the matters alleged in the court of first instance different from that of the court of first instance, and thus, it is acceptable to accept it as it is by the main text of Article 420

2. The Plaintiff asserts that the Plaintiff had suffered from inundationing damages caused by rainwater inflows from the roof of the Plaintiff’s ground sand position panel building, which was originally determined, but this Court asserts that the Defendant incurred losses caused rainwater inflows in the Plaintiff’s building due to the instant slate roof installed between the Plaintiff’s building and the Defendant’s owned building.

In this case, only the evidence submitted by the Plaintiff, the Defendant installed a roof of the asbestos slate in this case.

It is not sufficient to recognize that rainwater has been discharged into a building owned by the Plaintiff due to the above asbestos slate roof, and there is no other evidence to acknowledge it.

Therefore, this part of the plaintiff's assertion is without merit.

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit.

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