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(영문) 서울중앙지방법원 2016.08.11 2013가단5159649
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The summary of the Plaintiff’s assertion is the owner of the building of the Seodaemun-gu Seoul Metropolitan Government Housing Construction Corporation (hereinafter “instant construction”) and the Defendant B is the owner of each of the instant construction works on the land C and D (hereinafter “instant construction”). Defendant C&C Co., Ltd. (hereinafter “Defendant C”) is one of the co-owners of the instant construction works, who are adjacent to the instant construction site, and the Plaintiff is one of the co-owners of the said E&M 278 square meters adjacent to the instant construction site (hereinafter “Plaintiff”).

The Defendants neglected to take safety measures in the construction of the instant case, thereby causing ruptures to the floor, walls, etc. of detached houses on the Plaintiff’s ground, and due to noise, vibration, and dust generated in the construction of the instant construction, the Plaintiff suffered serious damage exceeding the tolerance limit.

Therefore, the Defendants jointly and severally pay to the Plaintiff KRW 5,00,000,000, and KRW 3,000,000,000, and KRW 2,000,00,000, for damages due to noise, vibration, and dust.

2. According to the reasoning of the judgment below, Gap evidence 1-1-7, Gap evidence 4, and Eul evidence 5-1 and 2, defendant 1 and defendant Eul are the owner of the construction of this case (Defendant 1 is the owner of the new urban residential house construction of Seodaemun-gu Seoul Metropolitan Government, and defendant B is the owner of the new urban residential house construction of the above D ground). The defendant 3 is the contractor of the construction of this case. The plaintiff is one of the co-owners of the plaintiff's land adjacent to each of the above site of this case. The plaintiff is the owner of the construction of this case, and the defendant 3 as the contractor around August 30, 2013.

However, each description or image of Gap evidence 2-1 through 8, Gap evidence 3-1 through 7, Gap evidence 6-8, Gap evidence 9-1, 2, Gap evidence 10-1 through 7, Gap evidence 11-1, and 11-2 is just a single unit of the plaintiff's land due to the construction of this case.

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