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1. The Defendants jointly share KRW 28,917,00 with the Plaintiff and KRW 5% per annum from September 20, 2019 to February 4, 2021.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of the building of 8th floor on the ground D in Suwon-si, Suwon-si (hereinafter “instant building”).
B. Defendant B, as the owner of Suwon-si E and F land adjacent to the instant building, was the owner of the building that removed the existing building on both the above and the above land, and the owner of the building that carried out the construction of multi-household housing and officetels on the 1st floor and the 9th floor above the ground (hereinafter “new construction of this case”).
Defendant C Co., Ltd. concluded a contract for the instant new construction project by Defendant B, from April 15, 2019 to April 19, 2019, and from July 24, 2019 to September 20, 2019, the removal and removal of existing buildings, and the destruction of earth shields and sheets using heavy equipment from July 24, 2019 to September 20, and all of the new construction works of this case are completed.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 2-2, Gap evidence Nos. 37 through 39, Eul evidence Nos. 1, Eul evidence Nos. 5 and 6, the purport of the whole pleadings
2. The parties' assertion
A. Although the Plaintiff Defendants did not take appropriate measures to prevent cracks, etc. in the instant building due to the instant new construction project, they did not take any adequate measures. As such, there were ruptures, water leakages, etc. in the instant building due to vibration, etc. caused by the said new construction project, the Defendants jointly compensate the Plaintiffs for damages incurred by tort: ① the total amount of damages calculated by the appraiser; ② 1,240,000 won (250,000 won (250,000 won for replacement of tenants’ glass replacement due to the leakage of parking spaces) (hereinafter referred to as “150,000 won for repair costs due to ruptures, etc.”) and KRW 250,000 (hereinafter referred to as “repair costs”) for repair costs due to ruptures, etc. (hereinafter referred to as “repair costs”).