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(영문) 울산지방법원 2017.07.06 2016가합1669
손해배상(기)
Text

1. The Defendant: (a) KRW 30,752,189 for Plaintiff A and 5% per annum from August 25, 2016 to July 6, 2017; and (b) thereafter, for the following reasons.

Reasons

1. Facts of recognition;

A. The status of the parties is the owner of the land and the ground building in Ulsan-gu, Ulsan-gu (hereinafter “instant bath building”); the Plaintiff B is a person who operated a public bath business with the Plaintiff, who is the husband, with the name of “D” from the first floor and the second floor of the bath building in the public bath building in the name of “D,” and the Defendant is a company running the housing construction business, etc.

B. On March 16, 2015, the Defendant: (a) obtained a building permit for multi-family housing and new construction of business facilities on the land of Ulsan-gu E and seven parcels adjacent to the bathing building (hereinafter “instant new construction”) from the head of Ulsan-gu Central District Office; and (b) started construction of the ground-breaking construction around that time.

C. (1) As a result of a survey on the current status of bathing buildings, the Defendant requested a new construction company prior to the commencement of new construction to conduct a survey on the current status to ascertain the degree of damage, etc. to the industrial safety management company prior to the commencement of new construction in preparation for the occurrence of damage to bathing buildings. On February 27, 2015, the industrial safety management company prepared a report on the current status survey on ruptures and scopical measurement on March 10, 2015, after analyzing rupture measurement and scopical measurement. (2) The industrial safety management company conducted a post-site survey on bathing buildings on February 26, 2016, and submitted a report on the current status survey to the Defendant on April 20, 2016.

3) According to the ex-post investigation report, the bathing building did not proceed with special changes, etc. in the main structural parts, but some existing ruptures (including ruptures, and the degree of excessive changes) were increased due to the influence of old age and the impact of new construction due to the state of repairs.

As of February 15, 2017, appraiserF's appraisal on a bath building at the present condition of the bath building, where approximately 1 m-2 cm gap occurs between the non-permanent concrete and soil of the floor of the building which is able to be established at the time of the appraisal on February 15, 2017, and where the inside walls, etc. of the rooftop layer is added to or where the existing cracks are somewhat advanced.

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