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(영문) 부산지방법원동부지원 2020.02.13 2018가단216980

손해배상(기)

Text

1. The Defendants jointly share 30 million won with the Plaintiff and 5% per annum from October 16, 2017 to February 13, 2020.

Reasons

Facts of recognition

The Plaintiff purchased D land around 2013 in order to establish a house for the old age, and started a new construction of a third-story detached house around August 2014, and obtained approval for use on or around July 2017 (hereinafter “instant house”), and after the end of the week, the Plaintiff lives in the instant house along with wife.

Meanwhile, from around 2016 to March 2018, Defendant B continued construction to develop and create E (hereinafter “instant golf course”) on the neighboring site of the instant housing (i.e., the implementation plan and public notice relating to the creation of a golf course in 2008). On the other hand, Defendant B had been in contact with the instant housing as follows.

The distance from the Katdo to the housing type of this case on the housing type of this case from the Katdo, No. 7 Gaggg-do (the housing of this case was located in the right side) to the 7 Kag-do, the 7 Kag-do, the housing type of this case, from the Katdo to the 60 m.

Defendant B entered into a contract for civil engineering works with Defendant C around March 4, 2017, when constructing and creating the instant golf course, and Defendant C subcontracted to F Co., Ltd., and Defendant C subcontracted to F Co., Ltd., and F Co., Ltd performed blasting work for Saturdays from June 13, 2017 to December 28, 2018.

As above, while constructing a golf course, the Defendants did not obtain such consent, consent, or understanding with respect to the Plaintiff while seeking understanding by obtaining construction consent, etc. from nearby village residents in the site of the golf course.

On the other hand, blasting work using teas from June 2017 to December 2018 was about 437 times, and the Defendants recognized that noise, dust, etc. can have an impact on the instant housing as approximately 74 times among them.

The Defendants’ side, while blasting work, shall prevent safety devices, such as fences, etc., or dust dust from the instant housing.