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1. The Defendants: (a) each of the Plaintiff A, KRW 7,086,341, and KRW 5,000,000, and each of them from January 1, 2017.
Reasons
1. Basic facts
(1) The Plaintiff’s ownership is the Plaintiff’s ownership of the Dong-gu, Busan (hereinafter “Plaintiff’s land”) and the 127.6 square meters of land (hereinafter “Plaintiff’s land”) and the apap apap 16 4 square meters of house (hereinafter “Plaintiff’s building”).
Plaintiff
Buildings are buildings constructed around July 28, 1943.
Plaintiff
A, along with Plaintiff B, operates a restaurant called “F” in which the Plaintiff’s building was purchased on October 22, 2001, and sold universal sugar or scalcate. From February 6, 2006, A registered the Plaintiff’s business under the name of Plaintiff B.
B. Defendant D purchased G 125.6 square meters ( October 26, 2015) and H 128.9 square meters ( October 15, 2015) adjacent to the Plaintiff’s land, and constructed officetels (hereinafter “Defendant building”) on both sides of the ground. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) is a contractor who received a contract from Defendant D for the new construction work of Defendant building (hereinafter “new construction work of this case”).
【Defendant Company started the new construction of the instant case from November 2015, and completed the structural construction from September 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 6, 8, and Gap evidence Nos. 16 (including branch numbers; hereinafter the same shall apply) and photographs, and the purport of the whole pleadings
2. The plaintiffs' assertion
A. The Defendant Company created ruptures on the Plaintiff’s building due to the impact that occurred in the process of performing the new construction work.
B. In addition, the Defendant Company generated soil dust and noise from the construction vehicle or new construction site, such as truck travelling around the Plaintiff’s building, or from the construction site, in the course of the ground-breaking and structural construction, and the damage suffered by the Plaintiffs is beyond the tolerance limit.
C. Therefore, the Defendants are obligated to pay the Plaintiff A the repair cost of KRW 8,670,443, consolation money, KRW 8,000,000, and KRW 13,973,400, and consolation money, KRW 8,00,00, respectively, to the Plaintiff B as compensation for damages.