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(영문) 서울중앙지방법원 2016.08.31 2014가단5199125
담장철거 및 대지인도 등 청구의 소
Text

1. The Defendant’s each point of the attached Form 17 and 18, among the land size of Jongno-gu Seoul Metropolitan Government 352 square meters, on the part of the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s ownership of real estate is the owner of the land indicated in paragraph (1) of this Article and its ground buildings (hereinafter “Plaintiff’s land” and “Plaintiff’s building”), and the Defendant is the owner of the land adjacent to Jongno-gu Seoul Metropolitan Government D land (hereinafter “Defendant’s land”).

B. The wall and fence, which are the boundary between the Plaintiff’s land and the Defendant’s land, are installed on the line connected each point of which is indicated in the attached Form No. 16, 15, 14, 17, and 18. Among them, the above part of the line (hereinafter “the wall and fence of this case”) is installed on the Plaintiff’s land. Accordingly, the Defendant occupies a part of “b” as indicated in paragraph (1) of the attached Form No. 1 of this case among the Plaintiff’s land (hereinafter “B” of this case’s land”).

C. The Defendant removed the previous building on the Defendant’s land from May 2012 and constructed the new building (hereinafter “instant construction”) from around May 2012.

In the process of the excavation work, vibration was generated due to rupture crushing process by underground excavation and drying process of 6.86 meters in depth in the course of the excavation work. While the Defendant adopted and constructed the H-ptile and soil screening method by the brick method in the process of the excavation work, it was a highly likely that soil erosion and surrounding ground be invaded. As a result, there was a defect, such as the Plaintiff’s building’s following table [Items], which is both rupture and its content, and its defect repair cost [construction cost] is required to be written in the amount of 24,850,120. The construction cost of the rupture repair (unit: 1,245,245, 1365, 1362, 374, 247, 204, 1202, 50

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