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(영문) 춘천지방법원 강릉지원 2018.04.03 2017나31354
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. On August 23, 2003, the Plaintiff newly built B’s housing located in the East Sea (hereinafter “instant housing”) and extended the two-story housing on September 17, 2003 after completing the registration of ownership preservation on September 17, 2003. At present, the first floor is a restaurant, the second floor is a house, and it is currently residing until now.

B. The Defendant Land Trust Co., Ltd. (hereinafter “Defendant Land Trust Co., Ltd.”) is an executor of the construction work of constructing a new apartment on the ground level 1 and 29 stories above ground level 24 stories above the ground level in the East Sea, which is adjacent to the instant housing (hereinafter “instant construction work”). The Defendant Substitute Construction Co., Ltd. (hereinafter “Defendant Substitute Construction”) is the starting work of the instant construction work.

C. The Defendant Substitute Construction installed 4 meters soundproof walls on the boundary of the instant construction site, and this soundproof walls are almost adjacent to the Defendant’s housing.

Defendant Daedae Construction commenced on December 17, 2015. On December 24, 2015, around December 24, 2015, in order to destroy the base of the first underground floor and the foundation foundation, H beam was inserted by putting the sn beam into the sn beam with the sn beam equipment, slicking concrete on the parking lot foundation and the wall, and h beam was cut into the sn beam with the sn beam source.

E. The Plaintiff asserted that this case’s housing was ruptured due to the instant construction work, and received safety inspection from the construction office of the Sungjin Rescue Safety Technology Group around June 2016 under the agreement between the Plaintiff and the Defendant. According to the safety inspection report (Evidence B No. 11; hereinafter “instant safety inspection report”), it is presumed that “the instant housing was ruptured on the second floor,” and it is presumed that some ruptures were additionally carried out due to the vibration generated at the time of the construction work of the H beam beam portl and the basic file rupture, but it is difficult to clearly distinguish the rupture due to the characteristics of the lighting structure from the lighting structure.”

F. Since the construction of this case, ground subsidence and cracks in the housing of this case.

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