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(영문) 부산지방법원 2020.04.23 2019가단305003
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a construction project for the redevelopment improvement project of the Seo-gu Incheon Metropolitan Government B, and while carrying out the redevelopment improvement project, the Defendant removed the surrounding housing of D-road and installed the soil-wise facility after the sloping construction.

B. Around September 11, 2017, the width of the sidewalk and part of the road adjacent to the Seo-gu Busan, Busan, was washed away. Around October 2, 2017, another location of the road, which was lowered, was turned away again, and the Plaintiff’s former share, which was installed near the D road, was collapsed due to the said accident, and the high voltage cable was turned out.

(hereinafter referred to as “instant accident”, and the site pictures of each relevant lost accident are as shown in the attached Form 1). / [Grounds for recognition] / [In the absence of dispute, each description of Gap evidence 3, 17, Eul evidence 1, 2, 23 through 25 (including paper numbers; hereinafter the same shall apply), video, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that: (a) the Defendant removed the neighboring housing and installed the defrising construction; and (b) the ground was thoroughly conducted to prevent the collapse by thoroughly conducting the ground survey; (c) in violation of this, the Plaintiff did not perform the reinforcement work on the ground that there was soil erosion even after the installation of the earth gate; and (d) the Plaintiff did not prevent the second loss during the period of the second loss after the first loss occurred on October 2, 2017, since the first loss occurred, the Plaintiff did not prevent the second loss; (c) under Article 758 of the Civil Act, the Plaintiff was liable for the defect in the installation or preservation of the earth gate as the occupant and owner of the building; and (d) the Plaintiff was obligated to pay damages incurred to the Plaintiff prior to the construction cost, the removal and removal of the electric wire, the removal of the construction cost, and the damages for delay pursuant to Article 750 of the Civil Act; and (d) the Plaintiff was obligated to pay damages incurred to the Plaintiff.

B. We can see only a board, and Article 758(1) of the Civil Code provides that "the construction or maintenance of a structure."

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