손해배상(기)
1. Of the part against the defendant in the judgment of the court of first instance, order payment exceeding the money ordered to be paid below.
1. The scope of the trial of this court against the defendant and Seocho in the first instance trial, and ① the defendant and Seocho-gu have violated their duty of care to pay damages on the ground that the damage was caused to the plaintiff's building and the ground subsidence, rupture, water leakage, etc. in the course of constructing a new public parking lot, and ② the defendant and Seocho-gu have sought removal of the structure on the ground that the defendant and Seocho-gu violated part of the plaintiff's land without permission and installed a reinforced concrete retaining wall structure on the underground. The court of first instance accepted only part of the plaintiff's claim against the defendant in relation to the above part ①, and all of the plaintiff's claim against Seocho-gu and the remaining claims against the defendant were dismissed. The plaintiff's claim against the defendant and Seocho-gu in relation to the above part ② was dismissed. Accordingly, the appeal is dismissed only by the defendant, the object of the trial of this court is limited to the plaintiff's claim against the defendant
2. Basic facts
A. The Plaintiff actually registered the Seocho-gu Seoul Metropolitan Government D [Road Name Address: Seoul C] Large 274.7 square meters (hereinafter “instant land”) as a site ownership of each partitioned multi-household house on the ground.
Each of the above sub-sections of multi-households (E through F, G through H, I through J, K through L, and the above whole (hereinafter referred to as the “instant building”).
B. The Seocho-gu ordered the Defendant to build the “N-public parking lot” of the fourth underground floor above the ground level on the land of Seocho-gu Seoul Seocho-gu Seoul, Seocho-gu, Seoul, for the instant building.
C. On July 2015, prior to the commencement of the instant construction project, the Defendant: (a) requested “pre-survey services for neighboring buildings pursuant to the instant construction project” to O; and (b) pertaining to neighboring buildings including the Plaintiff’s instant building.