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(영문) 수원지방법원 평택지원 2018.03.08 2016가단14985
손해배상(기)
Text

1. Defendant Daeyang Construction Co., Ltd.: (a) KRW 35,624,161 and its amount from January 12, 2017 to February 22, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the three-story building above 152 square meters in Pyeongtaek-si B, and the Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust Co., Ltd.”) is the owner of each land indicated in the attached list adjacent to the instant building site, and is the owner of each land indicated above the instant building site, which newly constructs three stories below ground, 14 stories above ground, 189 square meters in the site area, and neighborhood living facilities of 1487.89 square meters in the building area (office 115 and apartment house 48 households) on the instant ground (hereinafter “instant construction”). The Defendant Daeyang General Construction Co., Ltd. (hereinafter “Defendant Daeyang General Construction Co., Ltd.”) is the owner of each land owner listed in the attached list adjacent to the instant building site.

B. The instant construction was commenced around November 2015 with the construction of new neighborhood living facilities prior to the removal of the existing building and the construction of new neighborhood living facilities, and was scheduled to be completed on January 16, 2018. At the time of appraisal by the appraiser, the construction was conducted at the rate of 75% in the state of completion of underground excavation and ground floor excavation, and the outer wall finishing and landscaping construction remains.

C. The shortest separation distance from the outer wall of the instant building to the outer wall of the new building is about 1.6 meters.

At the time of appraisal, only part of the walls of the instant building owned by the Plaintiff, such as rupture, the subsidence of the bottom of the first floor, the bottom of the first floor, the 1,2th floor, the 1,2000 ceiling gates, the partial destruction of the floor of the third floor and the water leakage traces, and partial destruction of the wall of the warehouse at the site of the instant construction site and the outer wall.

E. The above damages arising from the instant building were caused by the following complex factors:

- The impact of the instant construction (e.g. vehicle traffic at the time of removal and new construction) and the impact of the construction equipment by vibration due to the installation of walls (e.g., expansion of existing cracks and partial cracks) - the ground subsidence due to partial surface water and underground water outflow during excavation work - the deterioration of the building itself, such as deterioration and deterioration, etc.

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