손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. In the first instance trial, the Plaintiffs filed a claim against the Defendant and D Co., Ltd. (hereinafter referred to as “D”) for payment of KRW 18,40,000,000 (total 36,80,000,000) equivalent to the remuneration and construction cost as damages for tort caused by the Defendant and D’s act of causing inconvenience to the Plaintiffs, such as noise and dust dust generated in the construction process, and dust dust (total 10,000,000,000).
The judgment of the first instance partially accepted the claim for damages due to the illegal act that caused the walls of the building owned by the plaintiffs (the above claim ①), and dismissed the claim for damages due to the illegal act that caused inconvenience in living conditions (the above claim ②).
However, since only the defendant filed an appeal against the judgment of the court of first instance, the scope of the judgment of this court is limited to the claim for damages due to the tort caused by the plaintiffs' act of causing the removal of the wall on the building owned by the plaintiffs among the plaintiffs' claims against the
2. Basic facts
A. On December 1, 2016, the Plaintiffs purchased each of the former generation of “F” of an aggregate building on the land in Ulsan-gu, Ulsan-gu (hereinafter “instant land”) from J (hereinafter “instant building”) and completed the registration of ownership transfer on December 21, 2016, one half of each co-ownership share with respect to the instant building.
The instant building is a reinforced concrete structure (refinite concrete structure), concrete branch roof, multi-family housing (multi-household) and Class I neighborhood living facilities, the use of which was approved on November 22, 2006.
The Defendant is a company engaged in the housing construction business, etc., and is a project implementer who newly constructs a main complex building on the ground of Ulsan-gu, Ulsan-gu, 985.1 square meter (hereinafter “instant adjacent land”) which is an adjacent land adjacent to the instant land, and D is a project implementer who engages in the housing construction business.