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(영문) 서울중앙지방법원 2016.10.28 2015가단5382399
손해배상(기)
Text

1. The Defendant’s KRW 11,175,00 to the Plaintiffs and 5% per annum from January 5, 2016 to October 28, 2016, respectively.

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in full view of the following facts: Gap evidence 1-1, 2, and 4; Gap evidence 8; Gap evidence 7-1 through 18; the court’s on-site inspection result; and the whole purport of the pleadings by appraiser C’s defect repair inspection result.

(1) Around November 2013, the Defendant is a construction project that proceeds with three multi-family housing construction works of 99 households, Dong-dong, Gangdong-gu, Seoul (hereinafter “instant construction works”).

The plaintiffs are co-owners of the five-story buildings in Gangdong-gu Seoul Metropolitan Government E-ground (the approval date of use: August 3, 1990; the building structure: land, 1, 2, 3 reinforced concrete structure, 4, 5 stories cement brick structure; hereinafter referred to as the “instant building”).

B. The Defendant’s instant construction project and the Plaintiffs’ civil petition (i) around 2014, the Defendant carried out blasting work for underground ground-breaking and soil-frameing construction in relation to the instant construction project.

Since that time, F, the mother of the plaintiffs residing in the fifth floor of the building of this case filed a civil petition with the defendant that serious cracks, etc. in the interior walls of the building of this case.

C. As of the present condition of the building of this case, the cracks and breakages of the side outer wall of this case in the building of this case, the cracks of the walls inside the stairs room of the rooftop, the hallways of the 4th floor, the hallways of the outer wall and the railing walls of the 5th floor, the cracks of the interior walls of the 5th floor 502, the cracks of the interior walls of the 5th floor 501 floors (502 and the boundary walls) inside walls of the 5th floor 5th floor (501 floors), the ruptures of the main wall of the 5th floor 501, the 5th floor, the escapes of the opening and closing of the living room of the 5th floor, the 5th 501 floor, the escapes of the bathing room of the 5th floor, the hallways of the outer wall and the rail walls of the 4th floor, and the 4th 424th floor heat of the 4th floor.

2. According to Article 44(1), Article 3(1), 3(1), 3, and 4 of the Framework Act on Environmental Policy, the gist of the plaintiffs' claims is environmental pollution generated at workplace, etc.

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