A. The Plaintiff is the owner of the 1st underground floor and the 4th underground floor (the amusement facility, accommodation facility, area: 108.8 square meters, the date of approval for use: December 4, 1989; hereinafter “instant building”) located in Gangnam-gu Seoul Metropolitan Government, and the Defendant is a company that newly built the 3rd underground floor and the 20th ground building adjacent to the said building.

(hereinafter referred to as the “new building construction of this case”) B.

From September 2012 to April 2013, the Defendant performed the rupture destruction work using CIP method in relation to the instant new construction project, and thereafter, the crack and damage of the instant building increased, and the occurrence of the phenomenon, such as leakage of underground floors.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 1 through 5, Eul evidence Nos. 3-1 through 6, Eul evidence Nos. 1 and 6, and the result of a commissioned judge’s on-site inspection, the result of the appraiser’s defect appraisal conducted by the appraiser E, the purport of the whole pleadings, as a result of the fact inquiry about Samsung Fire and Marine Insurance Co., Ltd.’

2. Determination as to the cause of claim

A. The following circumstances, i.e., ① the distance between the instant building and the instant new building because the distance between the instant building and the instant new building is merely 1.6 meters and thus can be immediately delivered to the instant building at the time of the Defendant’s implementation of the rupture construction work, etc. ② no other factors can be found in the instant building other than the instant new construction work; ③ the vibration due to the instant new construction appears to have been continuously delivered to the instant building for a considerable period; ④ the Defendant, while performing the rupture construction, installed the instant building on the ground of the construction site by geological surveys on the ground at the construction site and was stable.