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(영문) 제주지방법원 2019.11.27 2018나12827
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. Claim for damages caused by rupture among the instant lawsuits.

Reasons

1. Basic facts

A. The Defendant, on October 13, 2014, obtained permission for construction on November 21, 2014 and obtained approval for use on March 31, 2017, with respect to a collective housing of reinforced concrete structure of 2 stories underground and 10 stories above ground in Jeju-si, a general commercial area (hereinafter “Defendant building”).

B. E was the owner of the building of 142 square meters in Jeju, which is the land adjacent to the north of the Defendant’s building, and of 2nd floor of the building of the 1st floor and the 142nd floor of the ground brick slives and slives of the ground and the slives of the slives thereof (hereinafter “Plaintiff’s building”).

C. On July 31, 2015, the lessee I, J, etc. of E and the Plaintiff’s building filed a lawsuit against the Defendant ( Jeju District Court 2015Gahap1280). The Plaintiff asserted that the construction of the Defendant’s building caused the decline in the market price of the Plaintiff’s building caused by infringement of the right to enjoy sunshine, ② mental damage caused by noise, vibration, dust, etc., ③ damage to external walls of the building, and property damage caused by rupture, etc.

E and the Defendant agreed on September 7, 2015 in the pending lawsuit as follows (hereinafter “instant agreement”).

1. The purpose of the agreement between E and the defendant is to smoothly agree on all civil petitions, such as noise and vibration, living inconvenience caused by scattering dust, various damages, etc., generated in connection with the construction of the defendant building (hereinafter referred to as the “main construction”).

2. The defendant's duty is to pay 5,000,000 won to E with the agreed amount for the civil petition under the above paragraph (1).

(2.5 million won out of the amount agreed upon shall be paid until September 9, 2015, and any balance shall be paid at the time of sale in lots by the Corporation). 3. E’s obligations

(a) After the above agreement, E shall not make a civil or criminal claim against the defendant, partner, etc. in connection with the construction of the defendant building.

B. E is responsible for the defendant's members, successors, tenants, etc. after the conclusion of this Agreement.

(c)E shall actively cooperate with the main works and the smooth progress thereof;

4.The violation E shall be subject to this Agreement.

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