손해배상(기)
1. The Defendant’s KRW 128,715,80 for the Plaintiff and KRW 5% per annum from December 27, 2015 to January 11, 2018.
1. Facts of recognition;
A. The Defendant, on the land owned by Eunpyeong-gu Seoul, D, and E (hereinafter “instant new site”), shall directly perform the construction of an urban-type residential house with the size of 1st underground floor, 5th ground, total floor area of 1,171.4 square meters, on the ground of the land owned by it (hereinafter “instant new construction site”). However, the Defendant, on the ground that he/she did not meet the requirements for direct construction, intended to perform the construction of an urban-type residential house with the size of 1st underground floor, 5th ground, and 1,171.4 square meters under a contract with Nonparty F Co., Ltd. (hereinafter “G”), on August 24, 2015, ordered G Co., Ltd. (hereinafter “the instant new construction site excavation work”).
The Plaintiff owned 161 square meters adjacent to the site of the instant land destruction work (hereinafter “instant land”) and 2-story housing (155.78 square meters per annum and 155.78 square meters per annum; hereinafter “instant housing”).
B. While the Defendant did not obtain a construction permit on the instant newly built construction, the Defendant had G go in advance to perform the instant construction work from December 2, 2015.
C. G’s representative director H and the person in charge of design and supervision of the new construction of this case reported the fact that the Defendant’s actual operator K and Dong, and L holding 20% of the Defendant’s shares, would perform the construction of the instant ground-breaking construction differently from his design drawing, and upon his consent, G did not perform the instant ground-breaking construction with his consent. Despite the fact that the new construction site of this case was excavated for at least eight meters, G replaced the 16 fish poppyer specified in the design drawing with the burner, instead of constructing the 16-stringer specified in the design drawing at the time of installing the soil stringer, and replaced the belt designed for at least three parts of the four parts, and did not install a safe earth stringer with respect to earth pressure, such as installing the CIP (PL) pole in a way that falls short of the design. D.
As above, the Defendant first started the instant excavation work.