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(영문) 부산고등법원 2020.11.12 2020나51184

구상금

Text

1.The judgment of the first instance, including the modification and extension of claims and addition in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. 1) The Plaintiff is the party’s status, etc. 1) The F of the fourth floor size above the ground located on the ground of Busan Seo-gu, Busan (hereinafter “instant building”).

(2) The owner of the instant building is the owner of the instant building and the network G (hereinafter referred to as “the network”).

(2) Defendant B is the deceased’s spouse, and Defendant C and D are the children of the deceased. As the deceased died on March 8, 2005, the deceased jointly inherited the deceased’s property.

B. On December 5, 2001, Defendant A obtained a building permit from the head of the Busan Metropolitan City Council from the head of the Gu with respect to the construction of the instant building, and thereafter, Defendant A continued the new building construction of the instant building since that time, and obtained approval for the use of the instant building around August 6, 2002.

C. On the other hand, before the construction of the building in this case, drainage facilities (hereinafter “instant drainage way”) are installed on the ground of the site of the building in this case before the construction of the building in this case.

) An accident, where the instant building was installed and part of the drainage route was destroyed due to the storming of the instant building and its neighboring soil and sand erosion, and the ground of the instant building was jointly caused on September 3, 2016 (hereinafter referred to as the “accident”).

(2) Around October 12, 2016, the Plaintiff requested the Plaintiff, a specialized safety diagnosis institution, I (hereinafter “I”) to conduct an emergency precise inspection of the civil engineering field of the instant building. Accordingly, the details of the precise inspection report prepared by I around December 2016 (hereinafter “instant inspection report”) are summarized as follows.

On the ground of the site of the instant building, the drainage of the instant building is installed over a total of four sections (A-D sections).