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(영문) 서울고등법원 2015.10.16 2014나56722
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the 7th floor building E-ground (Adong) in Guro-gu Seoul Metropolitan Government and the 5th floor building (B Dong) above F.

Defendant B and C are co-owners of the Guro-gu Seoul Metropolitan Government G Land adjacent to the Plaintiff’s building.

B. Defendant B and C contracted the construction of business facilities and apartment houses (hereinafter “instant new buildings”) on the said G land to Defendant D Co., Ltd. (hereinafter “instant construction”).

C. On February 17, 2012, permission for new construction of the instant new building was granted to the competent authority on February 17, 201, and the approval for use was granted on June 3, 2013, and thereafter, the final approval for use was granted on October 31, 2013.

[Judgment of the court below] Facts that there was no dispute over the ground for recognition, evidence Nos. 1 and 2, respectively, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Defendants’ summary of the Plaintiff’s assertion should perform construction work after sufficiently predicting the damage inflicted on an adjacent building by conducting a prior investigation.

Nevertheless, the Defendants did not properly investigate the adjoining land and take safety measures and carried out the instant construction work.

As a result, the basic ground of the building owned by the plaintiff was invaded, and there was a defect such as building, rupture, and rupture.

Therefore, Defendant D Co., Ltd. is a contractor, and Defendant B and C is the employer who actually directed and supervised the instant construction, and if the amount claimed by the Plaintiff is 346,485,00 won due to the instant construction, the actual amount is 346,486,199 won.

① Repair cost of KRW 257,486,199 (i.e., defect repair cost) (i., defect repair cost of KRW 4,279,69,69), 40,677,814, 814, 3,820,880, 385,785, 529,671, 600, 600,000,000,000, for repair cost of the elevator repair cost of KRW 385,785,00,00.

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