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(영문) 서울중앙지방법원 2018.01.24 2016가합552425
손해배상(기)
Text

1. Defendant SP Construction Co., Ltd.: (a) KRW 37,049,951 for the Plaintiff and its related amount from April 29, 2016 to January 24, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party in the position of the Plaintiff. The Plaintiff is a Diplomatic Association and F building E in Jongno-gu Seoul Metropolitan Government (hereinafter “instant building”).

(2) Defendant B’s urban environment rearrangement project association (hereinafter “association”) is the executor of the construction work of Jongno-gu Seoul Metropolitan Government apartment complex G (hereinafter “instant apartment complex”) (hereinafter “instant construction work”), and Defendant AS Construction Co., Ltd. (hereinafter “SS Construction”) is the contractor of the instant construction work.

B. Around September 2014, Defendant DaS Construction entered into a contract for construction works and commenced the instant construction works. The instant apartment building was completed prior to the date of closing the pleadings of the instant case.

C. The present situation of the church and its neighboring area 1) The road is connected to both directions before the plaintiff church, and the above road is located on the building side of the road in front of the plaintiff church. 2) The apartment of this case was incorporated into the site of this case by two roads, but the two roads were installed on the retaining wall of the apartment of this case, and the elevator was installed on the retaining wall of the apartment of this case, and it can enter the building of this case after going to the road before the church and going to the front of the church.

[Ground of recognition] A without dispute, Gap evidence 1, 4 (including each number; hereinafter the same shall apply), Eul evidence 1 to 4, Eul evidence 1 to 4, the appraiser H's appraisal results, the supplementary results of the appraisal (hereinafter referred to as "the results of the appraisal of defects, etc."), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The Defendants asserted that the Plaintiff’s assertion had been incorporated in front of the Plaintiff church in the business site while performing the instant construction, closed it, interfered with the passage of the visitors to the church, and caused the defects in the instant building. The instant construction infringes on the right to view the church and the right to enjoy sunshine.

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