2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

A. The Plaintiff is the owner of multi-household dwelling D (hereinafter “Plaintiff’s building”) located in Gunpo-si, and Defendant B is the owner of the building located in Gunpo-si F (hereinafter “Defendant building”), and the Plaintiff’s building and the Defendant’s building are the same site boundary.

B. In order to remove the existing building located on the site where the Defendant building was located and construct the Defendant building, Defendant B entered into a contract for construction works with Defendant C Co., Ltd. (hereinafter “Defendant Company”) and had the owner remove the building and construct the new building (hereinafter “instant construction”).

C. Around that time, the Defendant Company carried out the instant construction project to remove the existing building and newly build the Defendant building, and did not take appropriate measures to prevent destruction, such as equal heat generation, on the wall surface of the Plaintiff’s adjacent building during the construction process.

During the process of the instant construction works carried out by the Defendants, gold dusts, damage a rooftop machine and damaged the wall of the Plaintiff’s building, and damage, such as underground water leakage (hereinafter collectively referred to as “damage, etc.”) occurred.

E. On the other hand, around April 17, 2014, around the time of the instant construction work, the Defendant Company drafted a written statement stating the purport that the Plaintiff will be liable for damages caused by the Plaintiff’s instant construction works, such as putting gold on the wall of the Plaintiff’s building, breaking off or destroying a rooftop machine, cutting off a surface, or water leakage occurs under the ground.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, 5, 6 (including Serial number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 4, 3, and the purport of the whole oral argument is likely to cause damage, etc. to adjacent plaintiff buildings during the execution of the instant construction project under the contract by the defendant B. Thus, the defendant company should take a safe measure to prevent such damage, etc. in advance, and proceed with the construction project.