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(영문) 서울서부지방법원 2020.09.11 2019가단215190
손해배상(건)
Text

The defendant's KRW 71,400,000 for the plaintiff and 5% per annum from August 1, 2018 to September 11, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building and its ground (hereinafter “instant land”) in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) and Jung-gu, Seoul Metropolitan Government (hereinafter “instant building”)

B. The Defendant, from January 2018, constructed a new construction of a common parking lot with the fourth floor above the ground and a community service center on three lots adjoining to the instant land (hereinafter “instant construction”) on the ground, including D, Jung-gu, Seoul, Seoul, and 3 lots adjacent to the instant land.

C. A prior investigation was conducted on January 23, 2018 on the instant building according to the Defendant’s request for intensive investigation services, and the survey was conducted on January 23, 2018 on the installation and management of measuring instruments with respect to soil facilities.

A civil petition was filed on July 4, 2018 during the construction site of the instant construction site due to damage, such as subsidence of ground and rupture of the instant building due to the subsidence of ground and rupture of the building, and the destruction of maus concrete at the construction site.

E. As a result of precise safety diagnosis of the instant building, it was investigated that the building was under way after completion of excavation works at the time of the investigation ( July 6, 2018), and as a result of thorough observation of observation of observationable exposure structure structure by closely using the microscopes, etc., it was found that most of the defects, such as equal heat and equition, have been advanced than the defects discovered at the time of the preliminary investigation ( January 23, 2018), and some new defects were newly discovered. The floor purification tank was investigated as being damaged by subsidence that is likely to cause malodor and collapse, and it was determined that the main columns of Seodaemun-gu was under way to be accompanied with urgent repair and reinforcement measures after being investigated as the upper part and there was danger. As a result of the measurement of the change condition of the building subject to diagnosis, it is concluded that the front wall was under way permitted by maximum 28 meters (scale 1/125), more than the right side and more than 1/150 meters (meter 1/1525), and it is under way to new construction site.

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