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(영문) 서울북부지방법원 2016.10.20 2015가합20678
손해배상(기)
Text

1. The Defendants: (a) each of the Plaintiffs A, KRW 155,00, KRW 421,00, and KRW 420 to the Plaintiff B; and (b) Defendant C, on February 2015, respectively.

Reasons

1. Basic facts

A. Plaintiff A is the owner of G lent, a multi-household 201, located in Gangnam-gu Seoul Metropolitan Government F (hereinafter “instant loan”), and Plaintiff B is the owner of the instant loan b.01.

B. The instant loan is a building approved on December 23, 2002.

C. The Defendants purchased H large 351 square meters (hereinafter “instant land”) adjacent to the instant Ba, and completed the registration of ownership transfer on July 15, 2014, with 1/3 equity shares, respectively.

C. The Defendants initially obtained a building permit from the head of Gangnam-gu, the head of Gangnam-gu, the owner of which was the first building permit and one other, but thereafter, the change of the owner was made to the Defendants. From July 15, 2014 upon receipt of the said permit, the Defendants conducted construction works for multi-household houses with the size of the first underground floor and the fourth floor above the ground (hereinafter “instant construction works”) on the instant land from July 15, 2014, and completed construction works on January 14, 2015, and obtained approval for the use of the newly-built house (hereinafter “instant newly-built house”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Judgment on the grounds of the plaintiffs' claims

A. 1) Determination on the claim for the construction cost for the repair of a part of exclusive use by the plaintiffs 1) As a result of the construction in this case's assertion, the defendants are jointly and severally obligated to pay the plaintiff A KRW 155,000 and KRW 421,00 to the plaintiff B as the construction cost for the repair of the defect. 2) According to the appraisal by the appraiser J, the construction in this case's loan No. 201 owned by the plaintiff A as the result of the construction in this case's appraisal, the construction in this case's loan No. 201 owned by the plaintiff 2, the construction in this case's balcony No. 1,55,00 won, and the construction cost for the repair of the defect in this case's building in this case's land No. 15,000 won, and the construction cost for the repair of the defect in this case's land No. 15,21,000 won, which is calculated respectively.

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