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(영문) 서울중앙지방법원 2015.12.23 2014가단126474

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 5, 2014, the Plaintiff, the owner of Seocho-gu Seoul Metropolitan Government Fbubing 403 square meters (hereinafter “instant land”) removed the existing building located on the said land and newly constructed neighborhood living facilities of the first floor and the fourth floor above the ground (hereinafter “instant construction”) on the instant land. On or around April 5, 2014, the Plaintiff: (a) removed the instant construction by obtaining a construction permit from the head of Seocho-gu Office; (b) the lower part of the instant building, which was installed on the boundary of the instant land (hereinafter “instant building”) and the wall installed on the boundary of the instant land (hereinafter “instant wall”); (c) was the co-owner of the said wall; and (d) was partially owned by the Defendant B and D, a co-owner of the instant building; and (d) was performing the instant construction after obtaining a construction permit from the head of Seocho-gu office on April 17, 2014.

B. On April 21, 2014, the Plaintiff, a specialized safety diagnosis institution, requested the Korea Construction Industries Co., Ltd. to conduct a pre-inspection on the safety diagnosis of the instant building, investigated the current status of cracks, fluor, etc. of the instant building, and installed a rupture and fluor to measure the cracks, etc. of the instant building, which may occur prior to the instant construction. Moreover, the Plaintiff installed pents and soundproofs to prevent the subsidence of the instant land and the instant building from subsidenceing the ground, and to prevent dusts, noise, etc. caused by the instant construction.

C. The sectional owners or residents of the instant building, including the Defendants, filed a civil petition with Seocho-gu Office, etc. several times from May 1, 2014 to October 17, 2014.

Around May 9, 2014, the Plaintiff’s residents of the instant building, who were likely to cause the ground of the instant building parking lot in the process of removing the instant building to the basic part of the instant wall by using the locker around May 9, 2014, are locked down in the locker or at the boundary of the wall.