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(영문) 창원지방법원 2020.04.02 2018가단105708

손해배상(기)

Text

1. The Plaintiff:

A. As to Defendant B Co., Ltd, the amount of KRW 7,204,270 and KRW 5,209,270 among them, the amount of KRW 7,204 and KRW 270 from April 20, 2018.

Reasons

1. The Plaintiff is the owner of the instant house, E’s site, and building without permission on the ground (hereinafter “instant unauthorized building”), and the Defendant C is the owner of the F site abutting on the boundary between the respective sites owned by the Plaintiff and the said land owned by the Plaintiff. The Plaintiff is the owner of the F site, which is located across the boundary of the said site and the said site.

Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a company that received orders from Defendant C for the construction of Class II neighborhood living facilities of the fourth floor above ground (hereinafter “instant construction”) on the site owned by Defendant C, and that performed its construction from November 2017 to June 2018.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 10, and 11, each entry and video, the purport of the whole pleadings

2. As to a claim against the defendant company

A. Prior to the occurrence of liability for damages, according to evidence, evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence No. 8, 9, 12, 13, 15, 19, and 22 appraisal results of appraiser G, the fact that the defendant company conducted construction work near the boundary between the plaintiff's ownership and the defendant's land during the construction process of this case, and the fact that the defendant company continuously carried out construction work near the boundary of the plaintiff's land and the defendant's ground shock in relation to the construction of this case's construction work of this case's construction work of this case's construction work of this case, the defendant company carried out construction work of this case's ground shock in the direction of the above construction work of the plaintiff's land of this case's construction work of this case's construction work of this case's construction work of this case's construction work of this case. The defendant company continuously carried out construction work of this case's ground shock in the direction of retaining wall.