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(영문) 대구지방법원포항지원 2016.02.02 2015가단2018
손해배상(기)
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 37,694,337 and as a result, from April 1, 2015 to February 2, 2016.

Reasons

1. Basic facts

A. The Plaintiff is an owner of a building with a size of 633 square meters and its ground (hereinafter “Plaintiff’s building”) located in Nam-gu, Nam-gu, Seoul and the port of port.

B. Defendant B church (hereinafter “Defendant church”) is the owner of the building of 6442 square meters of the Nam-gu D Religious Site and its ground (hereinafter “Defendant building”) at the port adjacent to the Plaintiff’s building, and Defendant Woman Holdings Co., Ltd. (hereinafter “Defendant Company”) is the time of the instant construction.

C. The Plaintiff’s building is a Class II neighborhood living facility of reinforced concrete building, which was approved for use on June 13, 2007. The Defendant church, as the owner of the Defendant’s building, obtained permission for the construction of one third and fourth floor religious facilities (intersections) prior to August 2010, as the owner of the Defendant’s building, and obtained approval for use from the Defendant company after entering into a contract for construction of the said construction (hereinafter “instant construction”) on or around September 2010.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1 and 2 (including each number), appraiser E’s appraisal result, witness F’s testimony, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. As a result of the Plaintiff’s instant construction, the Plaintiff suffered damages equivalent to the repair cost due to the Plaintiff’s loss due to the Plaintiff’s external floor and tidal work, stone destruction, spawnation of the wall of the building, spawnation of door and outside spawn damage, etc., and the Defendants are jointly and severally liable

B. Since there is no proximate causal relationship between the Defendants’ instant construction project and the damage of the Plaintiff’s building, the instant claim against the Defendants is unreasonable.

3. Determination

A. In the case of a large building, such as the Defendant’s building in this case, the Plaintiff’s liability for damages is inevitably accompanied by earth and sand construction, such as ground-breaking and soil-shielding construction, and in the case of the said soil construction in the downtown, there is a risk of damage due to noise and vibration, such as subsidence of the ground of neighboring land or crack of adjacent buildings.

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