(영문) 대구지방법원김천지원 2019.03.05 2017가단34024

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(영문) 대구지방법원김천지원 2019.03.05 2017가단34024

손해배상(기)

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1. The Defendant’s KRW 12,387,90 with respect to the Plaintiff and KRW 5% per annum from September 27, 2017 to March 5, 2019.

Reasons

1. Basic facts

A. The Plaintiff owns 1/2 shares among two-story housing on the ground of 412 square meters in the Gu-si, Gu-si (hereinafter “instant housing”), and uses the instant housing separately between D and E, which are other co-owners.

B. On November 23, 2012, the Defendant, on the ground of 482 square meters adjacent to the instant house, started construction works for constructing an education hall with two underground floors and one story on the ground surface (hereinafter “instant construction works”) and obtained approval for use on January 14, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The following circumstances, which are acknowledged as comprehensively considering the overall purport of arguments as a result of the appraisal commission to Gap evidence No. 3 and appraiser G of this court's appraisal commission, are as follows. In other words, the house of this case was rupture, wall surface, water leakage, etc., and the appraiser expressed his opinion that "the defect already inherent in the rupture and water of the house of this case was extended, developed due to the construction of this case," and it seems that the floor and wall of the building are highly likely to be rupture if the vibration, etc. generated at the time of the rupture construction are delivered to the adjacent building. The house of this case is not smaller than 4 meters from the newly constructed building of this case. The defendant did not appear to have taken special measures to prevent the rupture, etc. of the house of this case at the time of the construction of this case, and it was reasonable to deem that the defendant did not take sufficient measures to prevent damage to the adjacent house during the construction of this case and caused the defect of this case by the construction of this case.

Therefore, the defendant is liable to compensate the plaintiff for the damages caused by the above damages.

As to this case, the defendant.

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