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(영문) 서울고등법원 2016.09.02 2015나2072031
손해배상(건)
Text

1. Of the judgment of the court of first instance, the part against the Defendants against Plaintiffs A, B, D, G, and H is revoked, and that part is revoked.

Reasons

1. Basic facts

A. Status 1 of the Parties) The Plaintiffs are 72 households on the ground of V apartment 72 units (the date of approval for use: September 14, 2006; hereinafter “instant apartment”).

Of the separate marks, “the number” in the separate sheet is the owner of the housing units indicated in the separate sheet. 2) T is the owner of the housing units in contact with the instant apartment units, and is the implementer who implements a new construction project of the main complex building with the 2nd underground floors, 20 floors above the ground, the total floor area of 18,504.69 square meters above the above land (hereinafter “instant building”). Defendant beneficiary comprehensive construction company (hereinafter “Defendant beneficiary”), Defendant Hastst Construction Co., Ltd. (hereinafter “Defendant Hastst”) and the new construction company (hereinafter “Defendant Hast”) are the construction contractor who entered into a contract for the new construction of the instant building with T.

B. (1) On May 18, 2012, the Defendants obtained a building permit for the instant building from the Guro-gu Office and performed the said new building construction work from around that time. On September 6, 2012, when the construction work was in progress, the soil sand at the construction site was collapsed, and the instant apartment wall and fireproofs were lost due to the boundary between the instant building and the instant apartment (hereinafter “instant accident”).

(2) On September 8, 2012, the Defendant beneficiary agreed to pay 200,000 won per day to the council of occupants’ representatives of the instant apartment by September 8, 2012 as a lump sum for six days, and paid 90,000 won to the council of occupants’ representatives on September 8, 2012.

C. After the accident of this case, the defect occurred after the accident of this case and the repair cost of this case 1, the defect details and the repair cost of the apartment section for common use of the apartment of this case occurred, such as rupture, water leakage, etc., and the defect details and repair cost are as follows.

(1) Cracks, water leakages, etc. inside an underground parking lot: 15,788,91 won.

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