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(영문) 서울동부지방법원 2019.11.07 2019가단140577

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who resides in the Seoul Special Metropolitan City Gwangjin-gu Housing (hereinafter “Plaintiff Housing”) and the Defendant is a person who was the owner of the first half of the multi-family house located in the Seoul Special Metropolitan City Gwangjin-gu (hereinafter “Defendant Housing”) from December 3, 2007 to December 26, 2016.

B. On December 27, 2016, the Defendant sold the Defendant’s house to Nonparty G, and completed the registration of ownership transfer in the future G.

C. The defendant's housing is located in the area higher than the plaintiff's housing.

Plaintiff

A high retaining wall (hereinafter referred to as “the retaining wall of this case”) is installed on the front end of the house, the defendant’s house, and the H building in Seoul Special Metropolitan City.

The Plaintiff filed a civil petition with the Gwangjin-gu Office on the cracks, etc. of the retaining wall of this case, and the Gwangjin-gu Office sent a notice to the Defendant on two occasions on June 15, 2016 and July 20, 2016, stating that “The Defendant requested safety measures, such as repair, reinforcement, and reconstruction, due to confirmation of risk factors, such as vertical, vertical, equal rupture and elegation, etc., with respect to the retaining wall of this case” was not served on the Defendant.

E. Around April 2019, the Defendant filed an objection with the Gwangjin-gu Office to the notice of the above safety measure order. At the time of the above notice, the Gwangjin-gu Office issued a notice of safety measures only to the Defendant on the ground that the ownership of the retaining wall of this case was not confirmed. In the future, the Gwangjin-gu Office confirmed the ownership of the retaining wall of this case, and issued a reply that the owner should take repair and reinforcement measures, and that repair and reinforcement measures should also be taken against the lower part of the retaining wall.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 9, 22 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is that the Defendant installed the fireproof body and fence in the upper part of the retaining wall of this case, and ruptures the retaining wall of this case into the retaining wall by weight.