The method of calculating damages sustained by a building due to a tort;

If a building is damaged due to a tort, if it is impossible to repair it, the exchange value of the building shall be ordinary damages, and if it is possible to repair it, the repair cost, namely, the repair cost, if it is usual damages, or if the repair cost required to restore the building to its original state exceeds the exchange value of the building because the building has already been worn out (old) and has already been worn out at the time of damage, the amount of damages shall be limited within the exchange value of the building in accordance with the principle of equity.

Article 763 of the Civil Act

Plaintiff 1 et al., Counsel for the defendant-appellee-based general law firm, Counsel for the plaintiff-appellant-appellee-based defendant

Dongyang Construction Co., Ltd. (Attorney Lee Jae-in, Counsel for defendant-appellant)

Seoul High Court Decision 86Na3032 Decided June 23, 1987

The appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

The plaintiffs' grounds of appeal are examined.

If a building is damaged due to a tort, if it is impossible to repair it, the exchange value of the building shall be ordinary damages, and if it is possible to repair it, the cost of repair shall be normal damages. However, if the repair cost required for restoring the building to its original state exceeds the exchange value of the building because the building has been worn out and has already been worn out at the time of damage, the amount of damages shall be limited within the exchange value of the building in principle of equity.

According to the reasoning of the judgment below, the court below recognized that the building of this case was already time old building with its useful useful useful useful useful life and assessed the exchange value of the building of this case with respect to the plaintiff 1 as damages and the repair cost as to the plaintiff 2's building in accordance with the appraisal result of the appraiser's appraisal. In light of the records, the appraiser's decision adopted by the court below is clear that the exchange value at the time of damage of the building of this case and the repair cost were appraised in accordance with the appraisal order issued by the court below, and it is not recognized that this is unlawful. Ultimately, the above calculation of damages by the court below is justified, and there is no violation of the rules of evidence or any error in the calculation of damages. The argument is groundless.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Man-hee (Presiding Justice)