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(영문) 부산지방법원 2018.03.08 2016가단343042
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(1) At the same time, D owned the first floor, the fifth floor reinforced concrete structure, and the brick slab roof neighborhood living facilities and housing (hereinafter “the instant damaged building”). On September 25, 2015, D sold the instant damaged building to the Plaintiffs. On November 4, 2015, with respect to the instant damaged building, the ownership transfer registration was completed for Plaintiff A 1/4, Plaintiff B, and Plaintiff C in proportion to 1/2 shares.

B. F around March 2009, the said store was leased from D to “G” and operated an entertainment drinking house under the trade name of “G.” On November 10, 2015, F used a lease deposit of KRW 10 million from the Plaintiffs, and the lease period from November 10, 2015 to November 9, 2017.

Secondly, from 2015, Esco removed the existing building from H to 802 square meters at the time of o-si adjacent to the instant building, and newly built a tourist hotel (hereinafter “instant building”) with the two underground floors and the 12th above ground level (hereinafter “instant new construction”). The Defendant is the construction works of the instant Maritime Building.

x. From April 2015, the Defendant commenced the instant new construction, and around April 2015, performed the construction of underground base destruction (hereinafter “instant ground destruction construction”) and around August 12, 2015, performed the basic permanent construction work on August 12, 2015, and obtained approval for use on September 16, 2015.

(v) around July 1, 2016, there was a concentration of rain 89 meters per day in the macro-city area. A large amount of rainwater inflows into the entrance of the instant store, ruptures, etc., and the instant store was flooded and damaged by the furniture, electronic equipment, etc. at the instant store.

(이하 ‘이 사건 사고’라 한다). ⑹. 원고들은 2017년 7월경 D으로부터 이 사건 사고와 관련한 D의 피고에 대한 이 사건 신축공사로 인한...

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