beta
Text
1. The Defendant’s KRW 11,702,200 as well as 5% per annum from February 13, 2016 to May 12, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the land B and the second-story housing in Changwon-si, Changwon-si (hereinafter “instant housing”).
B. On November 2012, the Defendant: (a) ordered the construction of a new construction of a 1st floor and a 5th floor general medical facility (D Medical Center) on the ground of the first floor and the fifth floor adjacent to the instant house from the Gyeongnam Development Corporation (hereinafter “instant construction”); and (b) performed the said construction work.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings
2. The plaintiff's assertion
A. Since the instant housing in claim for compensation for property damage is adjacent to the construction site of this case, the Defendant shall select an appropriate public law method to prevent rupture or damage to the instant housing from occurring. The instant construction work must proceed with.
Nevertheless, the Defendant neglected such duty and carried out the instant construction and caused ruptures to the inside and outside of the instant house. Therefore, the Defendant is obligated to pay the Plaintiff, who is the owner of the instant house, the repair cost of KRW 20 million.
B. Since the instant construction works caused vibration, dust, noise, etc. due to the occurrence of vibration, dust, etc., and the passage entering the instant housing was obstructed, and suffered mental suffering, the Defendant is obligated to pay the Plaintiff a solatium amounting to KRW 10 million.
3. Determination
A. In full view of each evidence of the defect in the building arising from the instant construction project and evidence Nos. 2 and evidence Nos. 1 through 31 as a whole, it is recognized that, after the execution of the instant construction project, new or existing defects, such as wall ruptures and maths, were newly discovered or existing defects were expanded, and that the instant housing exists adjacent to a distance of 10 meters at the site of the instant construction project. Such facts are found as well as the instant construction project.