(영문) 서울중앙지방법원 2016.10.14 2014가합588437

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(영문) 서울중앙지방법원 2016.10.14 2014가합588437

손해배상(건)

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1. Defendant Shee Construction Co., Ltd., and Samyang C&C Co., Ltd. shall jointly serve as the Plaintiff at KRW 45,527,139 and the Plaintiff.

Reasons

1. Basic facts

A. A filed the instant lawsuit on April 14, 2015, when the instant lawsuit was pending, as the owner of the second-story housing with two square meters above 165 square meters in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant housing”).

(hereinafter “the deceased”). The deceased’s co-inheritors held an agreement on the division of inherited property with the content that the Plaintiff, one of the co-inheritors of this case’s housing and the Defendants’ construction solely inherited the right to claim compensation for the deceased’s damages. On October 26, 2015, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff regarding the instant housing on the ground of the agreement on the division of inherited property.

B. Defendant C&C partnership (hereinafter “Defendant C&C partnership”) removed existing buildings located in the land of Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, adjacent to the south side of the instant housing, and constructed a commercial building of the first and the sixth floor above the ground (hereinafter “instant construction”). Defendant C&C Co., Ltd. (hereinafter “Defendant C&C”) and Defendant C&C Co., Ltd. (hereinafter “Defendant C&C”) concluded a construction contract with the Defendant Cooperative and carried out the instant construction.

2. The plaintiff's ground for claim

A. The Defendants did not take preventive measures to prevent damage to neighboring buildings during the construction of underground excavation and soil mounds during the construction of the instant construction project, and did so by selecting a method of construction of soil so that the ground of the instant housing adjacent to the instant construction site may be invaded, thereby causing cracks on the outer wall and floor of the instant housing, and resulting in serious safety defects, such as the risk of collapse by using housing.

This constitutes a joint tort against the Plaintiff and the Deceased, and the Defendants should jointly compensate the Plaintiff for the damages.

B. The damages incurred by the tort of this case are assessed against.

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