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(영문) 서울남부지방법원 2017.10.12 2016가합112960
손해배상(기)
Text

1. The Defendants jointly do not constitute KRW 13,937,021 on March 31, 2014 to the Plaintiff (Appointed Party) and the Appointed B, respectively.

Reasons

1. Basic facts

A. The Plaintiff and the Appointed B (hereinafter “Plaintiff, etc.”) are co-owners of each of the 1/2 equity shares of the Seoul Yeongdeungpo-gu and the 1/2 equity shares of the instant building (hereinafter “instant building”) and the 1/2 equity shares of the 1/2 equity shares of the instant building (hereinafter “instant building”) located on the land of Yeongdeungpo-gu Seoul and the 1st underground floor and the 9th ground-based officetels located on the said land.

B. F and G, the co-owners of each land and each building on the ground of Yeongdeungpo-gu Seoul Metropolitan Government D and E (hereinafter “instant construction site”) adjoining to the instant building, respectively, demolished the existing buildings on the ground from May 15, 2012 to June 15, 2012 in order to remove the existing buildings and build a main complex building on the fourth underground floor and the 16th floor above the ground (officetel). From December 28, 2012 to January 31, 2013, the existing buildings on the ground of the said E were demolished, respectively.

C. Thereafter, around April 5, 2013, the Defendants concluded a contract for the construction of a new building in the instant construction site, and commenced the construction of a base destruction after filing a commencement report on May 16, 2013. On March 31, 2015, the Defendants completed the construction of a new building and obtained approval for the use of the new building on June 8, 2015.

However, at the time of the construction being carried out, there was a rupture and damage to the interior walls of the building of this case, and there was a problem such as subsidence of external floors.

[Based on Recognition] Facts without dispute, Gap evidence Nos. 4 through 7, 11 through 18 (including each number if there are provisional numbers; hereinafter the same shall apply), Eul evidence Nos. 6, 7, 10, 12, and 13, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendants, including the Plaintiff, etc., generated damage, such as ground subsidence, melting, and rupture, to the instant building adjacent to the construction site due to vibration and shock that occurred in the course of the construction of the ground destruction for the construction of the instant building at the construction site. As such, the Defendants were liable for damages to the Plaintiff, etc., the owner of the instant building.

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