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1. The Defendant: KRW 39,706,149 for the Plaintiff and KRW 5% per annum from November 6, 2015 to April 26, 2016; and
Reasons
1. Basic facts
A. The Plaintiff is the owner of a commercial building of the second and eighth underground floors located in Dong-gu Incheon Metropolitan City (hereinafter “Plaintiff’s building”), and the Defendant is the owner of the land adjacent to the above building in Dong-gu Incheon Metropolitan City.
B. Around July 2013, 2013, SP Construction Co., Ltd.: (a) decided to construct a 2nd underground floor and 13th ground commercial building on the land of Dong-gu Incheon, Dong-gu, Incheon, Dong-gu, Incheon, Inc., and (b) waived the construction work; and (c) subcontracted the civil construction work to D; and (d) the Defendant purchased the said land from MaddiC Construction Co., Ltd. on January 23, 2014 and constructed a new building on the said ground (hereinafter “Defendant building”).
[Ground of recognition] Facts without dispute, Gap evidence 1-3, Eul evidence 7, the purport of the whole pleadings
2. Occurrence of liability for damages;
A. In full view of the evidence Nos. 3, 4-1, 91, and 6 of the judgment on the cause of the claim, the records and images of the evidence Nos. 3, 4-1, 91, and 6 of this Court, the result of the appraiser E’s appraisal conducted more depth than the underground depth of the Plaintiff’s building, and thereby an impact on the lower part of the Plaintiff’s building. Of the construction of the Defendant’s new building, cement and paints, etc. generated during the construction of the outer wall surface part of the Plaintiff’s building, which caused the Plaintiff’s external wall, balcony, floor, rail, and its water network. In full view of the purport of the argument as a result of appraiser E’s appraisal, it is recognized that the Defendant: (a) conducted a geological survey on the ground of the construction site of the Defendant building in advance; (b) developed adequate measures to ensure that the neighboring building was damaged by shock and vibration; and (c) developed adequate measures to ensure that the neighboring building was not damaged during the construction process.
(c).