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1. Defendant B’s KRW 66,93,929 as well as 5% per annum from November 21, 2013 to January 15, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of a multi-household building constructed on the ground of Jeon-gun, Jeonbuk-gun (hereinafter “Plaintiff building”).
B. On May 20, 2013, Defendant B, the owner of the Jeonju-gun E (hereinafter “instant land”) adjacent to the land on which the Plaintiff was located, Defendant B contracted the construction work of constructing neighborhood living facilities on the ground of the instant land (hereinafter “instant construction work”) with the Defendant Limited Liability Company (hereinafter “Defendant Company”) at KRW 638,05,000 for construction cost.
On August 16, 2013, Defendant B entered into a contract with the Defendant Company to change the construction cost to KRW 617,678,000.
On the other hand, around August 2013, Defendant B entered into a contract on the design and supervision of the instant construction project with Defendant C, an architect.
C. The Plaintiff’s building is the fourth floor on the ground, and was built on the basis of the MAT, and completed August 6, 2012.
The building newly built on the instant land by Defendant B is the size of the first and fifth floors underground and the fifth floors above the ground, which was completed on May 14, 2014.
The interval between the Plaintiff and Defendant B’s building is about 82 cm.
The ground of the Plaintiff’s building was affected by the construction of the instant construction project, and the Plaintiff’s building was frighted to Defendant B’s new construction site, and there were defects such as vertical cracks, slope cracks, floor cracks, floor cracks, floor soundproofs, and masting, etc. in the Plaintiff’s building.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 3, and 4 evidence, the appraiser F of this court, the result of the commission of appraisal to G, and the purport of the whole pleadings
2. Claim against the defendant B
A. As the owner of the instant construction project, Defendant B is the main owner of the instant construction project, and the neighboring land, including the instant land, is a base-breaking for the new construction of the building, since it is a fluorial base where groundwater is formed underground.