beta
Text
1. The Defendants jointly share KRW 3,359,400 with respect to the Plaintiff and the period from March 14, 2019 to September 10, 2020.
Reasons
1. Basic facts
A. The Plaintiff is the owner of Seongdong-gu Seoul Metropolitan Government D Land and Ground Buildings (hereinafter “Plaintiffs Building”). The Defendants are the owners of E land and ground buildings adjacent to the Plaintiff’s land.
B. From February 5, 2018 to January 18, 2019, the Defendants removed existing buildings from their own land, and thereafter built a building of six stories above ground level (hereinafter “instant construction”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. The assertion and judgment
A. Since the Plaintiff’s alleged Defendants suffered damages from the cracks, fences, and floors of the Plaintiff’s building during the process of performing the instant construction, the Defendants jointly have a duty to compensate the Plaintiff for totaling KRW 20,000,000 (i.e., the 12,000,000,000) of the repair cost for the said damaged portion and the consolation money for mental suffering suffered by the Plaintiff due to the instant construction, as well as KRW 8,00,00,000.
B. Determination 1) The following circumstances are considered comprehensively taking account of the overall purport of arguments as a result of appraisal by Gap evidence Nos. 3 and 4 (each image and appraiser F, including number number, and each image and appraiser F, among the plaintiff's building; i.e., ① the appraiser F, at present, verified that there are many of the stairs in the part of the plaintiff's building, gracks, gracks, block windings, and multiple heats on the wall surface of the building, and calculated 11,198,00 won with the repair cost; although it is not clearly known whether each of the above defects occurred from the construction in this case; ② the construction in this case was conducted from the land adjacent to the plaintiff's building immediately adjacent to the building in this case; ③ the building in this case was built on the 1st floor above the ground, and the building in this case was newly built on the 1st floor above the ground level below the defendant's ground level; and