손해배상(기)
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
(1) The Plaintiff is the owner of the Plaintiff’s annual site B and building in Busan Metropolitan City (hereinafter “Plaintiff’s land and building”).
From August 2015, the construction of high-rise building (hereinafter “the instant construction”) was carried out on the ground of the Plaintiff’s land and building adjacent to the Plaintiff’s land and building, from August 3, 2015, the construction of the instant construction (hereinafter “the instant construction”). The Defendant Young Indi&C Co., Ltd is the owner of the Defendant’s building, and the Defendant MG General Construction Co., Ltd. is the contractor of the instant construction.
D. From November 2015, the Defendants established and operated the workshop at the instant construction site from November 2015 to the site of the instant construction site (hereinafter “the instant workshop”). The Plaintiff filed an application for provisional disposition against the Defendants, claiming the suspension of operation of the instant workshop as Busan District Court 2016Kahap76, Feb. 12, 2016.
Secondly, on April 4, 2016, concerning Busan District Court 2016Kahap756 case, mediation between the Plaintiff and the Defendants included the following (hereinafter “instant mediation”) was established.
1. The Defendants shall jointly and severally pay 7.5 million won to the Plaintiff by April 8, 2016, in order to compensate for mental suffering due to the use of other workshops installed in Busan-gu C (the part on the Defendant’s building), and if so, the Defendants shall pay 15% delay damages per annum to the Plaintiff.
2. The Plaintiff shall be jointly and severally paid one million won per offense to the Plaintiff when the Plaintiff’s site and building was invaded in excess of the current status where the control device was installed.
3. In the event that construction materials, such as steel sites and buildings on the Plaintiff’s side by taking advantage of the front portion and other workshops used by the Defendants, are invaded by the Plaintiff, the costs of KRW 10 million per offense shall be paid to the Plaintiff jointly and severally.
[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 21, and