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(영문) 수원지방법원성남지원 2019.08.08 2018가단17616
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Defendant’s housing of the Jung-gu Seoul Special Metropolitan City and the second floor above the ground of the building (hereinafter “instant housing”).

(2) On September 2015, Plaintiff A entered into a contract with F Co., Ltd. (hereinafter “F Co., Ltd.”) to construct five-story multi-family housing (hereinafter “instant new building”) on the land of 226 square meters in Seongbuk-gu, Seongdong-gu, Seoul, and the non-party A started the construction of the said construction (hereinafter “instant construction”) around October 2015.

3) The new building of this case was completed on or around April 2017 and the registration of ownership preservation was completed. B. The defendant's application for provisional disposition and the principal lawsuit 1) The defendant asserted that there is a risk of collapse of the defendant's housing due to the construction of this case, and the defendant filed an application for provisional disposition of suspension of construction as the court 2015Kahap123 with the plaintiffs as the debtor. On February 18, 2016, the construction of this case was suspended upon the provisional disposition order to suspend the construction of this case from the above court (hereinafter "the provisional disposition order of this case").

2) In the case of the plaintiffs' objection to the provisional disposition (U.S. District Court Sungnam Branch 2016Kahap15), the appellate court revoked the provisional disposition of this case on August 25, 2016 (Seoul High Court 2016Ra163) on the ground that it is difficult to deem that there is a need to suspend the progress of the project at the present time after the completion of the construction of the 5th floor structural frame of the retaining wall and the retaining wall structure (Seoul High Court 2016Ra163), and the above decision became final and conclusive on September 7, 2016.3) Meanwhile, with respect to the non-party company as the main lawsuit against the provisional disposition of this case on April 26, 2016, the defendant damaged the house of this case, such as rupture, rupture, etc., due to the non-party company's breach of duty of care.

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