(영문) 서울중앙지방법원 2020.10.15 2018가단5201460

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Reasons

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자간(%)

(영문) 서울중앙지방법원 2020.10.15 2018가단5201460

소유권방해배제 등 청구의 소

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1. The Defendant’s KRW 20,605,159 as well as 5% per annum from October 5, 2018 to October 15, 2020 to the Plaintiff.

Reasons

Since a counterclaim has been withdrawn, it is judged only in the principal lawsuit.

1. Basic facts

A. The Plaintiff is the owner of the Jongno-gu Seoul Metropolitan Government Building Site and its ground hanok (hereinafter “Plaintiff Han-style”) and the Defendant removed the existing hanok adjacent to Plaintiff Han-ok and its ground hanok and newly constructed a new hanok (hereinafter “Defendant Han-ok”) in 2018 (hereinafter “instant construction”).

B. The impact, etc. that occurred while destroying the ground during the instant construction process, caused by the removal of the walls combined with the vibration and the Plaintiff Han-ok, resulting in damage, such as the roof in the Plaintiff Han-ok and the rupture.

C. It is anticipated that the construction cost of approximately KRW 18,435,942 (including value-added tax) will be included in the following as a result of the appraisal of the damage details and the cost required to repair the Plaintiff Han-ok due to the instant construction work.

[Ground for Recognition: Facts without dispute; Gap evidence Nos. 1-4 (including paper numbers); the appraisal report submitted again by an appraiser on September 28, 2020, which was after the closing of argument as a result of appraiser E’s appraisal; submitted again on September 28, 2020 (including inquiry reply to the purport of supplementing appraisal; hereinafter the same shall apply); the purport of the whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion consists of the following:

(1) Repair and construction costs revealed as a result of appraisal: 18,435,942. (2) Safety inspection costs: 7,700,000 won.

B. (1) Determinations (1) 1 above: (a) 12,905,159 won received; and (b) according to the appraiser E’s appraisal result as seen earlier, the instant construction works executed by the Defendant incurred damages to Plaintiff Han-ok; and (c) the repair cost is as shown in the foregoing table.

The result of appraisal by an appraiser is against or unreasonable from the rule of experience.

유사 판례

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-서울중앙지방법원 2013.03.27 2011가합132017

-전주지방법원 2017.02.15 2016가단884

-서울중앙지방법원 2020.08.13 2019가단5066992