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(영문) 서울중앙지방법원 2018.01.19 2017가단5110949
손해배상(기)
Text

1. Defendant C Co., Ltd.:

(a)construction materials and wastes on the ground on the land listed in the annexed real estate list;

Reasons

1. Claim against Defendant C Co., Ltd.

(a) Grounds for claims: as shown in the annexed sheet of grounds for claims;

(b) Grounds for recognition: Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act (a judgment made by deeming that the case is one);

2. Claim against the defendant B

(a) Grounds for claims: as shown in the annexed sheet of grounds for claims;

B. We examine the judgment, and as the owner of land adjacent to the land listed in the attached list of real estate owned by the Plaintiff (hereinafter “instant land”), the fact that Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a contract for the construction of a building on the ground is the owner of land located in Jongno-gu Seoul, Jongno-gu, Seoul, which is the owner of land adjacent to the land listed in the attached list of real estate owned by the Plaintiff. However, there is no dispute between the parties, but the entries and images of the evidence Nos. 4 through 10 (including a serial number; hereinafter the same shall apply) are alone, as alleged by the Plaintiff, which illegally occupied the instant land by

It is insufficient to recognize that the Plaintiff damaged the pents installed on the instant land, and there is no other evidence to acknowledge otherwise.

The Plaintiff asserts to the effect that Defendant B, a contractor in the process of constructing the above building, ordered the Defendant Company to occupy and damage the instant land and neglected to do so, and thus, he shall be held liable pursuant to the proviso of Article 757 of the Civil Act.

Article 757 of the Civil Code provides that the contractor shall not be liable for the damage inflicted upon a third party in connection with the work. However, the contractor shall not be liable for the damage inflicted on the third party in connection with the work unless there is gross negligence on the contractor's contract or instruction. Therefore, the contractor shall not be liable for the damage inflicted on the third party in connection with the work unless there is a gross negligence on the contractor's contract or instruction.

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