beta
(영문) 부산지방법원 2019.07.16 2018가단338624

손해배상(기)

Text

1. The Defendant’s KRW 13,589,353 as well as the Plaintiff’s annual rate of KRW 5% from December 27, 2018 to July 16, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 317.36 square meters of land in the Busan Youngdo-gu, Busan, the land structure structure of the steel bars block block structure, amusement facilities, neighborhood living facilities, and neighborhood living facilities. The above building owned by the Plaintiff is the first floor in the certified copy of the register and the building register, and is the third floor in fact.

(hereinafter referred to as “Plaintiff’s building”). (b)

On December 15, 2015, the Defendant acquired ownership with respect to the 20 square meters of the 20th square meters of the land, which is adjacent to the Plaintiff’s building, and constructed a new apartment of the 20th underground floor and the 20th square meters of the ground on the said land as a building owner, and performed the SCW excavation work from May 28, 2017 to June 21, 2017, and performed the SCW construction work from July 14, 2017 to September 26, 2017, and performed the underground excavation work from October 21, 2017 to February 2, 2018.

(hereinafter referred to as the “instant construction”) C.

The instant construction caused damage to the roof and outer wall of the Plaintiff’s building, the lower part of the inner door frame, the interior wall, the ceiling slves, and the rupture or the rupture expansion.

[Reasons for Recognition] Facts without a partial dispute, entry in Gap evidence 1 to 3 (including the number of branch offices) and entry in Eul evidence 1

2. We examine the occurrence of liability for damages, the above evidence and evidence Nos. 4, Gap evidence and evidence Nos. 5-1 through 30, and the purport of the entire pleadings as a result of the appraisal commission with respect to appraiser F of this court. Since the defendant could have sufficiently anticipated damage, such as rupture and damage, to neighboring buildings due to vibration and shock in the construction site while performing the construction work in this case, it is reasonable to view that the damage, such as the damage and rupture, of the plaintiff's building, was caused by the tort based on the above negligence of the defendant.