손해배상(기)
1. The Defendant’s KRW 56,100,000 and its amount shall be 5% per annum from November 18, 2016 to August 19, 2020 to the Plaintiff.
1. Facts of recognition;
A. On October 18, 2016, the Plaintiff entered into a sales contract to purchase 119/1853 square meters of the land for the Seo-gu Busan City (hereinafter “instant land”) and D land for the factory of 1853 square meters (hereinafter “road shares”) for KRW 2.3 billion (hereinafter “instant sales contract”). On November 18, 2016, the Plaintiff completed the registration of ownership transfer for each of the instant real estate in accordance with the instant sales contract.
B. One part of the instant land is a slope.
Therefore, according to the boundary line of the land of this case, a retaining wall of 4.4 to 6.6 meters high is installed on the south side boundary along the boundary line of the land of this case, and a retaining wall of 2.7 to 6.6 meters high on the east boundary (hereinafter “the retaining wall of this case”).
C. The Plaintiff decided to newly construct a factory of the fourth floor above the instant land, and filed a design document with the LAE.
After that, while conducting a ground-breaking construction for the construction of a new boom factory on May 2017, the basis of the retaining wall of this case was found, and as a result, the so-called “a reverse Lane retaining wall”, which is established in the direction of the land of this case, was established in the direction of the land of this case, and its size was 325 square meters.
As a result, it was impossible to construct a new factory in accordance with the existing design, the Plaintiff entered into a service contract with F, an incorporated association, on May 16, 2017 (hereinafter “instant service contract”) and requested to review the safety of the new building due to the retaining wall of this case.
E. As a result of a review on the stability of the new building, F presented that the foundation of the new building is constructed on the basic upper part of the retaining wall of this case, and that if the foundation of the new building is extended to the front part of the retaining wall of this case, there is no problem in the safety of the new building.
F. As a result of such review, the Plaintiff changed the basic design of the new building and completed the construction of the building.