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(영문) 울산지방법원 2017.11.30 2015가합22713
소유권방해배제청구 등
Text

1. From October 16, 2015 to November 30, 2017, Defendant Sejong Construction Co., Ltd.: (a) KRW 9,685,913 for the Plaintiff and its related construction costs.

Reasons

1. Facts of recognition;

A. The Plaintiff is a party’s position 1) The Plaintiff: (a) the 139.14 square meters of underground floors of Class 1 neighborhood living facilities, 133.27 square meters of one story; and 142.85 square meters of two stories of the Nam-gu, Ulsan-gu; (b) the 201 square meters of a general steel structure 4 square meters of a 2nd 4 square meters of a building in Ulsan-gu; and (c) the Plaintiff is a party

(2) The degree of the Defendant Co., Ltd. (hereinafter “level”) is the owner of the real estate lease business, and the Defendant Co., Ltd. Special Construction Co., Ltd. (hereinafter “Special Construction”) is the company engaged in civil engineering and construction business.

B. On December 15, 2014, the Defendant’s degree of the new apartment construction project obtained a building permit for the 3,054 square meters of ground apartment buildings, officetels, and the new construction of neighborhood living facilities (hereinafter “instant new construction”) adjacent to the Plaintiff’s building from the head of Ulsan-gu, Ulsan-gu, Ulsan-gu, and the head of the Gu, Ulsan-gu, Seoul-do, and concluded a contract for the construction and new construction with the Defendant on March 10, 2015.

C. On the other hand, the Defendants requested a survey on the current status before the commencement of construction works to identify the extent of damage, etc. in preparation for the occurrence of damage to the Plaintiff’s building. On January 15, 2015, the Industrial Safety Management Co., Ltd. investigated the Plaintiff’s building on the Plaintiff on January 16, 2015, and prepared a report on the current status survey. The report only contains a statement that there is a net heat on the floor of the building, but there is no statement on the wall rupture or leakage defect in the underground parking lot.

Upon the request of the plaintiff, the certified architect office of this structure engineering, which has prepared the safety review report, shall be on September 2, 2015.

9. 3. The safety inspection was conducted on the Plaintiff’s building, and the safety review report was made, and the report is written with regard to the cause of the crack and leakage of underground floors, stating that “rupture confirmed by the underground wall of the Plaintiff’s building is deemed to have been caused by the rapid increase of soil pressure on the underground wall due to shock caused by the vibration of the new construction work.”

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