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(영문) 광주지방법원 2018.09.18 2016가단533646
손해배상(기)
Text

1. The Defendant: (a) KRW 9,968,310 for each of the Plaintiff A and B; and (b) KRW 17,169,00 for each of the Plaintiff C and each of them on April 20, 2017.

Reasons

1. Basic facts

(a) Plaintiff A and B are the owners of land and second-story buildings located in Nam-gu, Nam-gu, Gwangju (former Address Name: Nam-gu, Gwangju) and the building above was constructed around 1984 and the same year;

9. Obtaining approval for use around 20.

(hereinafter referred to as “the First Building”). B.

Plaintiff

C is the owner of the land and the second floor building located in the Nam-gu Seoul Metropolitan City, Nam-gu, Gwangju Metropolitan City, and the above building is constructed around 1987 and the same year.

5. Obtaining approval for use;

(hereinafter referred to as the “Second Building”)

On August 31, 2016, the Defendant obtained a new building permit for the first floor and the fourth floor above ground level from September 20, 2016 to April 30, 2017, on the land adjacent to each of the above plaintiffs' lands and buildings, and implemented the construction work of the said building (hereinafter referred to as "the instant construction work"), which is located in Gwangju-gu H (former address name, Nam-gu, Gwangju-gu et al.).

After the construction of the instant construction, the ground excavation work and soil breath caused water leakage of groundwater on the wall around December 2016, among the construction works, and around the time when the excavation work of the ground and the soil breath were performed, the crack of the building owned by the Plaintiffs was rapidly deepened and the ground subsidence occurred.

[Ground of recognition] Facts without dispute, Eul evidence 7-1, Eul evidence 7-2, photographs of Gap6, 7, and 8; the whole purport of the pleading

2. Whether liability for damages arises;

A. After the commencement of the instant construction work, the ground excavation construction and soil mounds occurred on or around December 2016 in the course of the construction work, and the fact that the cracks of the building owned by the Plaintiffs have deepened rapidly and the ground subsidence has occurred at the time of performing the construction work of the ground excavation and soil mounds, as seen earlier, and the following circumstances acknowledged by the entry of evidence No. 5-3, the photographic images of evidence Nos. 6, 7, and 8, and the entire pleadings, namely, the investigation conducted by the Defendant prior to the execution of the instant construction work.

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