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(영문) 서울중앙지방법원 2018.11.07 2017가합574163

손해배상(기)

Text

1. As to the Plaintiff’s KRW 93,428,063 and KRW 85,911,063 among them, the Defendant shall pay KRW 7,517,00 from August 23, 2017.

Reasons

1. Facts of recognition;

A. From around 2011, the Plaintiff (former: Co., Ltd.) owned the real estate indicated in the separate sheet, which is the first floor underground and the first floor section for the exclusive use of the first floor of Chuncheon (hereinafter “instant building”) (hereinafter “the part for exclusive use of the Plaintiff”) from around February 15, 201, and entrusted the part for exclusive use of the Plaintiff, which was owned by the Plaintiff, to the New Real Estate Trust Co., Ltd.

B. Around May 2012, the Defendant (former: E) agreed to purchase the second and third floors of the instant building from F Co., Ltd. (hereinafter “F”) and agreed to purchase the second and third floors of the instant building from F, and concluded a contract for the removal of the second and third floors of the instant building to G, which is a removal company on November 7, 2013 (hereinafter “instant removal construction”).

C. G concluded a contract with the Defendant for the removal of the instant removal works, and agreed to remove all facilities, including fire-fighting electric facilities, such as electric power lines, and the removed waste power lines and scrap metal, etc. from G.

G removed structures, etc. installed on the second and third floors of the instant building from the time of entering into the instant removal construction contract.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 7, 8, Eul evidence Nos. 1 and 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. In the process of the removal of the instant building asserted by the Plaintiff, ① the boiler room of the third underground floor, ② the cooperation room of the first underground floor and the first underground floor, ③ the elevator electric wire, ④ water, ⑤ the fire fighting, ⑤ the electric power supply facilities, ④ the integrated facilities of the emergency exit, ② the outer wall of the building, and ④ the outer wall of the building, and the ceiling of the first underground floor were damaged (hereinafter the specific parts of the instant building are in accordance with the above number), which are the sectional owners of the instant building, constituted a tort against the Plaintiff.

Therefore, the defendant is liable to compensate the plaintiff for damages caused by the tort for the cost of restoring the building of this case to its original state, the damages for delay, and the part owned by the plaintiff.