손해배상(기)
1. From October 27, 2015 to September 4, 2018, Defendant 1 Construction Co., Ltd.: (a) KRW 21,884,200 to the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of Jung-gu Seoul Special Metropolitan City and the second-story housing on its ground (hereinafter “instant housing”). Defendant B is the co-owner of D large-226 square meters shares adjacent to the said housing.
B. Around September 2015, Defendant B entered into a contract with Defendant Ysung Comprehensive Construction Co., Ltd. (hereinafter “Defendant Company”) to build five-story multi-family housing (hereinafter “instant new building”) on the ground of 226 square meters in Seongbuk-gu Seoul Special Metropolitan City, Seongbuk-gu, Seoul Special Metropolitan City (hereinafter “instant new building”). Around October 2015, Defendant Company commenced the said construction project.
C. The new building of this case was completed around April 2017 and registered for preservation of ownership was completed.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 22, and 23 (including each number), the purport of the whole pleadings
2. Determination as to the claim against the defendant company
A. We examine the occurrence of liability for damages, as seen earlier, that the Defendant Company performed the construction of the instant new building in the vicinity of the instant house. In full view of the entries and images of the evidence No. 5 (including paper numbers) and the overall purport of the pleadings as a result of appraiser E’s appraisal and supplementary appraisal, we can find the fact that damage, such as rupture and rupture, etc., occurred to the instant house, due to removal and rupture destruction performed by October 20, 2015 as part of the construction of the instant new building.
The above damage to neighboring houses is due to the breach of the duty of care of the Defendant Company that performed the construction, barring special circumstances. Therefore, the Defendant Company is liable to compensate the Plaintiff for damages incurred to the instant house due to the construction of the new building of this case.
B. In addition to the purport of the entire pleadings as a result of the appraiser E’s appraisal and complementary appraisal, the scope of liability for damages is examined, and approximately 3-4 construction works are necessary to repair the damage incurred in the instant housing.