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(영문) 서울북부지방법원 2016.10.21 2015가단8497
손해배상(기)
Text

1. The Defendant Daesung Company Development Co., Ltd. is 12,816,054 won and the remaining part of the Plaintiff (Appointed Party).

Reasons

1. The Plaintiff’s claim against the Defendant Daesung Enterprise Development Co., Ltd. (hereinafter “Defendant Company”).

A. (1) The Selection-based facts (1) is the owner of the non-permanent E-owned housing in Jung-gu, Seoul (which was newly constructed around October 2008 and seems to have been on a large scale; hereinafter “the damaged housing in this case”) and the rest of the designated parties, including the Plaintiff, are the children of the Selection-based Do, and all of them reside in the affected housing in this case.

(2) Defendant B and C were co-owners of the 6th urban-type residential housing (a complex multi-household, “G”, each 1/2) adjacent to the instant damaged house and co-owners of the joint ownership preservation title of the 6th urban-type residential housing (joint ownership: 1/2). Accordingly, the Defendant Company was a contractor who was responsible for the construction of the above urban-type residential housing and the removal of the old buildings above the ground, and accordingly, the Defendant Company, the contractor, commenced the removal work on the above old building from November 22, 2014 to May 2015, newly constructed a new urban-type residential housing at this point.

(3) However, in the course of such removal work and new construction work, the Defendant Company suffered noise, etc. in excess of the standard of living noise and received an administrative fine from the head of Jung-gu Seoul Metropolitan Government, which was imposed by the head of Jung-gu, Seoul, and the instant damaged house caused equal heat, etc. to the extent that it can be confirmed as the land. It is expected that approximately KRW 9,795,616 are spent to repair the equal heat, etc. generated in the instant damaged house in the future.

(4) In accordance with the appraisal commission of this Court, the following is written in the statement of appraisal submitted by appraiser H to this Court:

"1) At the construction site, the existing building group in which several apartment houses with consent have been built is removed, and the site is the site of new construction of six-story apartment buildings. 2).

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