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(영문) 서울중앙지방법원 2013.10.11 2012가합103016
어스앙카 철거
Text

1. The defendants are attached Form 1 excavation plan plans and attached Form 2, which are installed on the 60,880.7 square meter in Dongjak-gu Seoul Metropolitan Government H 60,000 square meters.

Reasons

1. Basic facts

A. The plaintiffs are co-ownership owners and co-ownership owners of the above land (hereinafter referred to as “the instant site”) in Dongjak-gu Seoul Metropolitan Government H I apartment (hereinafter referred to as “Plaintiffs apartment”), and Defendant G Regional Housing Association (hereinafter referred to as the “Defendant G Housing Association”) newly constructs J apartment (hereinafter referred to as “new apartment”) on G ground adjacent to the said I apartment site, and Defendant Posco Construction Co., Ltd. (hereinafter referred to as “Defendant Posco Construction”) receives from the Defendant Cooperative the construction of the instant new apartment (hereinafter referred to as “the instant construction”).

나. 피고들은 별지3 단지배치도 표시 ㉠, ㉡, ㉢, ㉣, ㉤의 각 점을 연결한 부분에 이 사건 신축아파트를 건축할 예정으로서, 원고들 아파트의 중간에 위치하여 한면은 도로를 접하고, 나머지 3면은 원고들 아파트 부지와 접하고 있다.

C. From May 25, 2012, the Defendants carried out construction on the foundation of the new apartment site in this case. During that process, the Defendants adopted removal-type gymna construction methods among the construction methods used in the construction work to prevent the collapse of the underground boundary of the construction site due to the decline of the ground. While excavating the entire construction site of the basic construction site, the gymna construction method installs earth walls to ensure that soil does not collapse to the inner side while excavating the entire site of the basic construction site, and at the same time, constructs a seal composed of a strong line along the lower side of the earth wall by drillinging a hole at the lower side of the earth wall, and inserting a large quantity of container onto the lower part of the site adjacent to the earth wall, and inserting it into the lower part of the building site, and then inserting it into the lower part of the construction work by inserting it into the lower part of the construction work by inserting it into the lower part of the construction work by inserting it into the lower part of the gymna.

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