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(영문) 부산지방법원 2020.09.16 2017가합42770
배수로철거 등
Text

Defendant Seo-gu Busan Metropolitan City KRW 12,840,00 for Plaintiff A, KRW 9,400,00 for Plaintiff B, and KRW 9,400,00 for Plaintiff C.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the buildings listed in the attached list (hereinafter “instant building”); Defendant Busan Metropolitan City Seo-gu (hereinafter “Defendant Seo-gu”) is the competent authority that granted the building permit and approval for use of the instant building; and Defendant J is the owner of the instant building.

The instant building was designed and supervised by Nonparty N, an architect, and the auxiliary intervenors of the Defendant’s premises are the successors of the network N.

B. In relation to the instant building, Defendant J applied for a building permit to Defendant Landong-gu on November 30, 2001, and Defendant Landong-gu granted a building permit on December 5, 2001. Defendant J reported the commencement of construction on January 5, 2002, and applied for the approval of use on August 1, 2002, and Defendant Landong-gu approved the use on August 6, 2002.

C. On September 2, 2016, the Plaintiffs reported that the instant building was laid down on the floor of the instant parking lot, and that part of the ground was laid down on September 12, 2016, the Defendant Seo-gu inspected the instant building on September 12, 2016 and confirmed that the instant building had been built up to approximately two degrees, and designated the instant building as a class D in a disaster risk facility.

Since September 28, 2016 to September 30, 2016, the instant building was 1/5 higher than the first measurement between September 28, 2016 and September 30, 2016, and the Defendant’s ideology issued an emergency evacuation order to the occupants of the instant building on September 30, 2016.

(hereinafter collectively referred to as “instant accident”). D.

The defendant Seo-gu diagnosed the cause of the instant accident through O, a specialized safety diagnosis institution, as follows.

① Prior to the construction of the instant building, the instant building was installed as a drainage channel on the ground of the site of the instant building, but the said drainage channel was constructed in 1983.

At that time, Slives for the news have been installed on the drainage route.

(2) The building of this case is one of the sub-constructions of slabs.

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