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(영문) 대전고등법원 2017.01.25 2016나10351
손해배상(기)
Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The defendant shall pay to the plaintiff A KRW 79,628,819.

Reasons

1. Basic facts

A. The party status 1) Plaintiff A is the Dong-gu Seoul Metropolitan Government D Ground Building (hereinafter referred to as “family store building”) in Yancheon-gu.

Plaintiff B is the owner of the above building, and Plaintiff B is the household store on the first floor below the above building (hereinafter “the instant household store”).

A) A person operating the Plaintiff, and the Plaintiff Company is the Plaintiff Company’s ground buildings E (hereinafter “Plaintiff Company E”) in the Gangnam-gu, Dong-gu, Seoul Special Metropolitan City, the immediate adjacent to the household store building, and “the Plaintiff” in addition to the household store building.

(2) The Land and Housing Corporation is an implementer who has performed construction works for housing site preparation works in the H district of H district of size of 631,200 square meters in the F and G zone from February 2, 2013 (hereinafter “instant housing site preparation works”), and the substitute construction is the executor of the said housing site preparation works.

3) The Defendant City is the managing body of I and J as the branch of the local river and the branch of J as well as K re-installation installation works of approximately 18m in length, about 8m in height, about 8m in width, and about 8m in width (hereinafter “K”, and the said re-construction works are “instant bridge works”.

(b) Major position description 1) is adjacent to the building of the plaintiffs, the J will be incorporated into I that flows over the south side of the building.

The west side of the building of the plaintiffs is at the site of the housing site development project in this case, and between them, a two-lane from the north to the south (hereinafter referred to as the "road in this case").

On the other hand, a drainage channel (hereinafter “instant drainage channel”) is installed towards the site of the instant housing site development project among the instant roadsides.

There are ginseng dry field on the north side of the plaintiffs' building.

2) Drawings of the main location relating to the instant case are as shown in Attached Table 1. C. Establishment of the instant bridge 1) Defendant Si, on October 28, 2013, set the period of construction between the comprehensive construction and the comprehensive construction for lighting on October 31, 2013 to February 28, 2014.

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