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(영문) 서울중앙지방법원 2020.05.21 2018가단5104842
손해배상(기)
Text

1. The Defendants are jointly and severally liable to Plaintiff A for KRW 3,157,00 and KRW 631,400 and each of them on July 4, 2017.

Reasons

1. Basic facts

A. The Plaintiffs share the Plaintiff’s 5/6 and the Plaintiff’s 1/6 share of G Dae-si 96m2, H large 30m2, 157m2, G, and H’s detached housing (hereinafter collectively referred to as “Plaintiff’s real estate”).

B. There are 11 households with K multi-household 11 (hereinafter collectively referred to as “Defendants’ real estate”) on the ground of JJ large 660 square meters, which is a place with approximately 3 meters higher than the Plaintiffs’ real estate.

C. As of July 2, 2017, Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd.”) is the owner on the registry of the Defendants’ real estate. Defendant E is the actual owner of L, M, N,O, P, and Q, among the Defendants’ real estate, and was in possession and management of each of the above multi-household housing after completing the registration of ownership transfer in accordance with the trust agreement with the Defendant Co., Ltd., and Defendant F is the actual owner of the same Nos. 9, S, T, U, and V, and was in possession and management of the above multi-household housing in accordance with the trust agreement.

On or before July 2, 2017, an accident occurred due to the concentration that occurred around July 2, 2017 before and after the Defendants’ real estate, which collapses of stone tampages in the Plaintiffs’ real estate due to the influence of rainwater, etc. introduced from the Defendants’ real estate (hereinafter “instant accident”). In full view of the appraisal results conducted in this court and the following evidence, the cause of the instant accident and the degree of involvement can be inferred as follows.

E. In the event of the instant accident, the amount of KRW 18,942,00 (including value-added tax) is incurred in the reuse of existing natural rocks to restore the rocks of the Plaintiffs’ real estate that were collapsed before the collapse.

[Ground for Recognition: Facts without dispute; Gap evidence Nos. 1, 2, 5, 10-15 (including paper numbers), appraiser W's appraisal results (including inquiry replys for the supplementation of appraisal), the purport of the whole pleadings]

2. Comprehensively taking account of the facts acknowledged earlier, the instant accident is the largest natural disaster due to the centralized rain.

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