손해배상
1. The Defendants jointly share KRW 26,890,368 for each of the Plaintiffs, and their respective amount from June 10, 2015 to June 9, 2016.
Facts of recognition
The Plaintiffs are co-owners who have shares of 1/5 in each of the 1/5 shares in H 5th and underground 1st and upper 1st and lower 1st and lower 1st and lower 1st and lower 192, which are completed on July 30, 1992.
The Defendants shared I and J land immediately adjacent to the instant building at the ratio of 1/2, respectively, and entered into a contract with the Dongjin Construction Co., Ltd. for the construction of a new building with the size of 2nd and 14th and upper floors above the said land (hereinafter “new construction of the instant building”). In around 2014, the Defendants:
On October 2014, when the new construction of this case was in progress, the phenomenon such as strings, floor of parking lots, ruptures of walls, and strings between the building and the ground surface of this case, and alteration of urban gas pipes began.
Accordingly, the Plaintiffs filed a civil petition on the instant newly built construction in the luminous viewing, and requested measurement and safety diagnosis to a medium and medium comprehensive safety corporation (hereinafter “small and Medium General Safety”) and an IM structure safety diagnosis (hereinafter “MM structure safety diagnosis”).
On December 19, 2014, the Plaintiffs drafted a civil petition agreement stating that “(i) the Defendants shall select one place between the Plaintiffs and two construction companies respectively designated by the Defendants and repair the instant building, and (ii) the Plaintiffs shall receive KRW 50,000,000 from the Defendants as the amount of civil petition agreement and withdraw civil petition filed for light viewing and cooperate with the New Construction Corporation.”
The defendants paid 50,000,000 won to the plaintiffs as civil petition agreements, according to the above agreement, and the plaintiffs also withdrawn civil petition until then.
As a result of a survey on the crack and fluoration of a building over 12 times from October 2014 to March 2015, the building of this case is fluorized after the new construction of this case.