손해배상(기)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. On October 30, 2018, the Defendant concluded a trust agreement on the sale-type land with respect to D and 12 parcels, other than D and 12 parcels, at the time of leisure and loan owned by C (hereinafter “instant land”).
On the same day, Co., Ltd. and the instant land entered into a contract with E, etc. to newly construct a building for second and eleven-story accommodation facilities on the ground (hereinafter “instant accommodation facilities”) (hereinafter “instant contract”).
On October 31, 2018, the Defendant completed the registration of ownership transfer on the instant land based on trust.
E commenced the new construction work of the instant accommodation around December 28, 2018.
The Plaintiff is the owner of F land and the second floor building (hereinafter “instant building”) adjacent to the instant land, and is residing in the instant building.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-2, Eul evidence 1-4, the purport of the whole pleadings
2. The defendant asserts that the lawsuit of this case filed against the plaintiff and the plaintiff is unlawful, since the plaintiff and the plaintiff agreed not to file a civil claim for damages incurred by the construction of this case.
However, the evidence Nos. 6 and 7 (including the paper number) alone is difficult to find that the Plaintiff agreed to file a lawsuit with respect to damage to the building of this case caused by the construction of this case, and there is no other evidence to acknowledge it. Thus, the Defendant’s defense to ensure the safety is not acceptable.
3. Judgment on the merits
A. The plaintiff's assertion is the E-user performing the new construction of the accommodation of this case, and the defendant is liable to compensate the damages suffered by the plaintiff due to cracks, noise, vibration, etc. of the building of this case caused by the new construction work.
The defendant is liable for damages caused by defects in the installation and preservation of structures in accordance with Article 758 of the Civil Act for the damages incurred by the plaintiff due to the construction of new accommodation facilities in this case.