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(영문) 서울중앙지방법원 2014.01.10 2010가합71467
손해배상
Text

1. The defendant shall select the plaintiffs and the successor intervenors listed in the annexed Table 1 list as shown in the annexed Table 2 (6).

Reasons

The defects, such as ruptures, etc. of co-ownership of the co-ownership of the liability to compensate for damages concerning the cause of the claim, and the following facts may be acknowledged by taking into account the absence of any dispute between the parties, or the entries in the evidence Nos. 1 and 2, the results of the appraiser A's appraisal and the results of additional appraisal (including the results of fact-finding), the results of the on-site verification by this court, and the overall purport of the pleadings, and the testimony

The plaintiffs are co-owners of the Suwon-si apartment (hereinafter referred to as the “instant apartment”), which is completed on July 2002, and the defendant is the construction works of the new construction of D and 12 lots of ground E apartment (hereinafter referred to as the “E apartment”) adjacent to the instant apartment complex (hereinafter referred to as the “instant construction works”).

From February 2008, the Defendant commenced the instant construction from around February 2, 2008, carried out the excavation work, and by October 2009, blasting work using explosives for the purpose of destroying rocks underground in the instant construction site. The said rocks are linked to the rocks under the ground of the instant apartment complex.

The plaintiffs, who are likely to be damaged by the construction work, filed a civil petition with the competent authority, for a prior investigation at the time of The Korea Construction Safety Technology Association (hereinafter referred to as the "Korea Construction Safety Technology Association") around May 2008, which is an incorporated association, upon the defendant's request, in order to grasp the degree of damage, etc. when the apartment of this case is damaged by the construction of this case, the Korea Construction Safety Technology Association (hereinafter referred to as the "Korea Construction Safety Technology Association") conducted a field investigation on the construction sites adjacent to the construction site of this case and 518 through 521 of the underground parking lot among the apartment of this case, and analyzed it on June 18, 2008.

A. The submission was made.

According to the preliminary investigation report dated June 18, 2008, the internal and external part of the apartment of this case at the time of the investigation is vulnerable to the ability of response, such as windows, door trussess, dives with different materials, lighting, etc.

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