손해배상(기)등
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. Defendant D is the owner of the construction of a tourist hotel with the size of 2 underground and 17 stories above the ground on the land outside Seongbuk-gu Seoul, Seongbuk-gu, and five parcels (hereinafter “instant construction”) and the contractor of the said new construction, and Defendant C Exchange Co., Ltd. (hereinafter “Defendant C Exchange”) is the contractor of the said construction.
B. Plaintiff A and B are 1/2 equity right holders of the Seongbuk-gu Seoul Metropolitan Government F. F. 136 square meters and the 1/2 equity right holders of the first-class neighborhood living facilities, the first-class neighborhood living facilities, and the first-class neighborhood living facilities, the first-class neighborhood living facilities, each adjacent to the said tourist hotel (hereinafter “instant house”). Plaintiff C is the children of Plaintiff A and B, and the Plaintiffs are residing in the instant house.
C. Defendant Samd Co., Ltd contracted the instant construction from Defendant D, and completed the new construction work on December 19, 2015 after starting the construction work on December 19, 2013.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Defendant D, the owner of the Plaintiffs’ assertion, and Defendant C, the contractor, generated various noise, vibration, and dust while carrying out the instant construction project.
The defendants' joint tort caused defects, such as ① rheat in the wall, ceiling, floor, etc. of this case or water leakage phenomenon in the ceiling of the underground floor. The damages equivalent to the repair cost of the plaintiff A, B 10 million won, ② the plaintiff C suffered hospital treatment due to noise, vibration, etc., which caused various diseases. Under the above circumstances, the plaintiff B inevitably leased the Seongbuk-gu Seoul Building 202 KRW 10 million for the plaintiff C, KRW 50 million, KRW 50 million for the lease deposit, KRW 360,000 for the rent and management expenses, KRW 360,000 for the rent and management expenses of the building in question (560,000 won x 66 months), ③ The plaintiff A, each of the plaintiff A, 500,000 won for mental stress caused by the construction in this case, and KRW 1,2533,878 for the plaintiff C.
Therefore, it is true.