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(영문) 서울북부지방법원 2020.04.23 2017가합23329
손해배상금(기) 등
Text

1. Defendant G Co., Ltd.: KRW 31,312,397; KRW 34,131,493; KRW 24,478,896 to Plaintiff C; and the above.

Reasons

1. Basic facts

A. The parties concerned Plaintiff A is the owner of the Dongdaemun-gu Seoul Metropolitan Government I’s land and the cross-story building on its ground (hereinafter “instant building”) and Plaintiff B and C are the owners of the 5/8, 3/8 of the J land and the 4th floor building on its ground (hereinafter “instant building”) respectively.

Defendant D Co., Ltd. (hereinafter “Defendant D”) is the owner of K’s land who newly constructs the 2nd underground floor and the 13th floor reinforced concrete structure Ltel on the ground (hereinafter “instant third building”). Defendant G Co., Ltd. (hereinafter “Defendant G”) is the constructor of the instant third building.

Defendant E and F are the owner of M’s land who newly constructs the 1st underground floor and the 15th ground-based Ntel (hereinafter “instant 4”) on the ground, and Defendant H Co., Ltd. (hereinafter “Defendant H”) is the constructor of the instant 4 building.

B. Around October 1, 2015, Defendant D and Defendant G commenced the construction of the instant third building on the land of Dongdaemun-gu Seoul, Dongdaemun-gu, and began the construction of the instant third building on the ground of underground base from October 2015. (2) Defendant E, F, and H commenced the construction of the instant fourth building on the ground of M on February 4, 2016. On February 23, 2016, Defendant E, F, and H started the construction of the instant fourth building on the ground of M. The construction of the instant fourth building on the ground level was built on the CIP (CAST Industries PPP method) and completed the construction on April 9, 2016.

C. 1) ExpertO and P’s appraisal result: (a) Appraiser calculated the repair cost for defects, such as rupture, water leakage, and scupture, incurred in the instant building Nos. 1 and 2 as KRW 1,082,397 for the instant building; and (b) 8,967,389 for the instant building No. 2; (c) Expert P based on the premise that the instant building Nos. 3 and 4 were the site of Dongdaemun-gu Seoul Metropolitan Government K and M land before the new construction of the instant building, the instant building Nos. 3 and 4.

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