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(영문) 서울중앙지방법원 2007.12.21 2006가합51442
손해배상(기)
Text

1. The Defendant (Counterclaim Defendant) Plaintiff (Counterclaim Defendant) KRW 1,668,317, and KRW 1,705,635, to Plaintiff (Counterclaim Defendant) B.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1 to evidence 2-12, evidence 7, evidence 12-2, evidence 13-2, evidence 14-1, 2, evidence 18-2, evidence 15, evidence 19-3, evidence 6-1 to 11, evidence 8-1 to 4, evidence 5-1 to 5-12, each of the images of evidence 8-1 to 8-4, and evidence 8-1 to 8-2, evidence 14-1 to 14, evidence 14-2, evidence 14-1, and evidence 1 to 19-2, and the whole purport of the oral argument of this court as a result of on-site inspection.

On November 18, 2002, the Defendant jointly purchased shares of 1,322.5/4,419 from L on the same day among the 4,420 square meters owned by his wife K, and completed the registration of transfer of ownership on the same day. Of the above land, the shares of 1,774 (4,419-2,645)/4,419, which are L ownership, were divided into M 1,774 square meters on the ground of a partition of co-owned property on January 22, 2003, and the Defendant and K shared 2,645 square meters (hereinafter “instant land”).

B. From around November 2004, Plaintiff E owned a 5,903 square meters adjacent to the instant land, and around November 2004, Plaintiff E: (a) around 751 square meters prior to theO; (b) 411 square meters prior to Q. 46 square meters prior to Q. 35 square meters prior to R; (c) 64 square meters prior to T. 386 square meters; (d) 386 square meters prior to T. 386 square meters; (c) 1,079 square meters prior to W, U.S., where each parcel number is located in a heavy slope area adjacent to the instant land; and (b) installed a private road in the B, U.S., where each parcel of land was connected to each of the instant land, and provided a concrete with a wall inside the instant housing complex with a thickness of 30 cm, about 70 meters in length, 40 meters in height, 15 meters in height, and 44m in the instant land (hereinafter referred to as a retaining wall).

C. The instant land is currently in the present state of miscellaneous land and miscellaneous land, and the north side of the instant land is surrounded by forests and fields, and the part adjacent to the U land and W land is adjacent thereto.

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