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(영문) 서울남부지방법원 2020.12.04 2019가합107938
채무부존재확인
Text

Among the instant lawsuits, the Plaintiffs due to damage to the building on the F of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul, caused by April 2017.

Reasons

1. Basic facts

A. The Plaintiffs, as the owners of Gangseo-gu Seoul Metropolitan Government GJ building and a building on the ground (hereinafter “G land and building”), commenced the construction of a new building after removing the above ground building and constructing a new building (hereinafter “instant construction”) around April 2017.

B. At the time of the commencement of the instant construction project, Defendant C and D owned a building of 200.2 square meters and its ground located immediately adjacent to G land and building (hereinafter “F land and building”), and Defendant E leased F building as Defendant C’s fault.

C. In the process of removing G buildings, the Plaintiffs destroyed F buildings, and the occurrence of accidents that collapsed on April 8, 2017 and April 15, 2017.

(hereinafter “instant accident”). After the instant accident, the instant construction was suspended. D.

Defendant C and D conducted a safety diagnosis on F building after the instant accident, and as a result, the F building was judged to be unable to repair and to be newly built after removal.

E. The Plaintiffs are not able to repair the F building. As disputes arise in relation to the amount of damages arising from the instant accident between Defendant C and D, on October 27, 2017, the Plaintiffs filed an application for mediation with the said Defendants for the confirmation of the existence of liability (Seoul Southern District Court 2017ss. 36798, hereinafter “prior mediation case”).

F. As a result of the appraisal conducted in the preceding conciliation case, the market value of the F building immediately before being destroyed by the instant accident was assessed to KRW 174,244,680.

On July 12, 2018, the adjudication division in charge of the preceding conciliation case decided to substitute the conciliation with the following contents based on the results of the above appraisal, but Defendant C and D raised an objection.

The Plaintiffs jointly and severally pay KRW 175,00,000 to Defendant C and D until August 31, 2018. If the Plaintiffs delay the above payment, the damages for delay calculated at the rate of 15% per annum from September 1, 2018 to the date of full payment shall be added.

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