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(영문) 부산지방법원 2014.12.11 2012가단109473

손해배상(기)

Text

1. The plaintiff's claim against the defendant B is dismissed.

2. Defendant Heavy Construction Co., Ltd is with KRW 9,701,600 for the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a State-owned land of 114.4 square meters in Busan Metropolitan Government.

The owner of a building on the ground block structure, sand site board, and a 77.58 square meters of detached house of an asbestos slate roof (hereinafter “Plaintiff’s building”) is the owner, and Defendant B constructed a building of eight stories above 380.8 square meters adjacent to the Plaintiff’s building, and an underground second-rise building (hereinafter “new building of this case”). The building area of this case is a building owner and the owner who completed registration of ownership preservation on July 12, 2013, and the Defendant Heavy Construction Co., Ltd. (hereinafter “Defendant Heavy Construction”) is a company that contracted the new building of this case (hereinafter “instant construction”) from Defendant B with a construction contract for the new building of this case (hereinafter “instant construction”).

B. Around July 2012, Defendant Heavy Construction commenced construction of underground ground excavation (hereinafter “instant ground excavation construction”) during the instant construction (hereinafter “instant construction”). From around September 2012, Defendant Heavy Construction completed the instant construction work on the ground, and completed the relevant construction work on the ground of around 9.7 meters underground (hereinafter “instant ground destruction work”). The instant construction was in charge of Dongtotop Basic Geological features, Inc., a subcontractor.

오거천공기로 지하 12m까지 천공해서 H빔을 1.8m 간격으로 근입한 다음 지하 9.7m에 이를 때까지 굴착기로 흙을 파내고 그 과정에서 H빔 사이에 토류판을 설치하는 공법이나 CIP공법 지반을 오거로 굴착하고 철근망을 삽입한 뒤 자갈 등의 골재를 충전시킨 후 Motar를 주입하여 �막이 벽체를 형성하는 방법 으로 흙막이 공사를 하였다.

Plaintiff

The separation distance between the building and the site-breaking construction site of this case is about 1.5 meters, and the boundary area of the Plaintiff’s building is about 1.5 meters, and the soil-frame construction was conducted on the boundary area of the Plaintiff’s building

Attached Form

1. Reference to drawings and photographs.

As the Plaintiff was engaged in the construction of the instant ground destruction, it was ruptured to the walls, fences, etc. of the Plaintiff’s building on August 23, 2013, Busan District Court 2012Kahap1673, which was the temporary disposition suspending the construction of the instant construction on October 2012.