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1. The plaintiff (Counterclaim defendant) is jointly employed by the defendant (Counterclaim plaintiff).
(a) 10m underground of the land listed in paragraph 1 of the Schedule;
Reasons
1. Basic facts
A. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is an executor of the construction of the instant building, which is an apartment-type factory of the fourth and fifteenth floor above the ground, in the instant project site, and the Plaintiff B is the contractor of the new construction of the instant building.
The Defendant is the owner of the instant land adjacent to the instant project site, the first floor above the ground, and the third floor above the ground.
B. On October 11, 2012, Plaintiff A obtained the building permit of the instant building from the head of Seongdong-gu Seoul Metropolitan Government, and ordered Plaintiff B to undertake the construction work of the instant building.
Plaintiff
B, around August 2013, the construction of the building in this case was commenced and completed around February 5, 2016.
C. Since the commencement of the construction of the instant building after the commencement of the construction of the new building, there was a crackt heat on the external wall and its surrounding ground, and around December 2013, there was a crackt and water leakage in the outer wall, floor, and fence. From the end of December 2013, there was a change from the direction of the instant project site to the direction of the instant project site, and a change was found in the end of January 2014.
A lessee who had resided in the housing No. D due to rupture, fluoration, etc. in the housing of this case was removed from the housing site around September 2, 2015, and the lessee who had resided in the housing No. 1350, Jun. 19, 2015, respectively.
The rest of the lessees, after completion of the instant building, have removed all of them, and the defendants and their families have removed from the building around February 2017.
E. Meanwhile, the front of the instant house is toward North Korea, and the instant building is located on the front side of the instant house.
Before the construction of the building in this case, the factory of the second and third floor size and the building of the sixth floor size were located in the site of the building in this case, and the building in this case was 71.71.