logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2019.01.16 2016가단210414
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: 12,542,200 won and its therefrom from August 18, 2016 to January 16, 2019.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the second floor of the block structure slive roof located in Busan Southern-gu E (hereinafter “the Plaintiff’s building”). From February 13, 1995, the Plaintiff is residing in the first floor of the above building.

B. Defendant C and D (hereinafter referred to as “Defendant C, etc.”) are the building owner who newly built six-story buildings on the F, adjacent to the site of the Plaintiff’s housing, on the F, adjacent to the site of the instant housing.

C. Defendant B (hereinafter “Defendant B”) contracted with Defendant C, etc. for the new construction of the instant building (hereinafter “instant construction”) and completed the construction work around March 25, 2016 on or around December 2016.

【Reason for Recognition】 Each description of evidence Nos. 1, 4, and 8 (including, if any, the number; hereinafter the same shall apply) and the purport of the whole pleading

2. The parties' assertion

A. The summary of the Plaintiff’s assertion 1) The Defendants’ construction of this case led to defects such as equal heat, ground subsidence, etc. in the Plaintiff’s building of this case. Defendant C, etc. is the owner of the instant building and the contractor of the instant construction, and Defendant B, as the contractor of the instant construction, is jointly and severally liable to pay 18,489,000 won and damages for delay due to the damages equivalent to the above defect. (2) The Plaintiff, the owner of the instant building, and the resident of the instant building, were subject to the infringement of the right to sunshine and view, and the Plaintiff, the resident of the instant building, suffered from the infringement of the right to sunshine and view, and each of the damages incurred by the Plaintiff’s market price of the instant building amounting to 6,24,000,000 won due to the infringement of the right to enjoy sunshine and view, and thus, Defendant C, etc., the owner of the instant construction, is jointly and severally liable to pay the damages for delay to the Plaintiff due to the tort.

3. On April 26, 2015, the Plaintiff.

arrow