손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 24, 2013, the Plaintiff entered into a sales contract for a housing site (hereinafter “instant sales contract”) with the Defendant and C building 1, with a selling price of KRW 178 million with respect to KRW 33,00,000,000,000,000 for the wife population D33 and 337,000 square meters (hereinafter “instant housing site”), and completed the registration of ownership transfer on the instant housing site on August 8, 2013.
B. On October 2013, the Plaintiff started housing construction and completed construction around May 2014 in the instant housing site.
C. Meanwhile, around March 2014, the Defendant started a housing site-based construction project for the second complex C building (hereinafter “instant construction”) in the vicinity of the instant housing site. Around that time, the Defendant agreed to pay KRW 50 million to the president of the first complex E of the C building and the household members of the first complex of the C building E in order to compensate for damages, but did not obtain consent from the buyers of the housing site in the first complex.
On May 21, 2014, the defendant agreed to use the C building 1 complex E and several buyers of one complex to the defendant as a private ground for the housing site-based construction of the C building 2 complex, and connect the C building 2 complex road and water supply facilities to the road of one complex and water supply pipes, and the defendant performs park construction works, etc. equivalent to 50 square meters within one complex."
Then, 9 housing site buyers, including the plaintiff, entrusted E with the authority to make the above agreement.
E. Meanwhile, the agreement of this case states that the defendant should pay due attention to dust, noise and road damage to the maximum extent possible, and restore the original state in the event of damage, and operate the water cleaning vehicle at the intervals of removing dust.
F. Since then, the occupant F, G, H, I, J, and K of the first complex of C building incurred damages to the Defendant due to noise, dust, etc. due to the instant construction works.