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(영문) 서울중앙지방법원 2020.01.14 2018가단5060478
손해배상(기)
Text

1. The plaintiff A:

A. As to Defendant C’s KRW 23,493,50 and its amount from May 1, 2018:

B. Defendant D, Inc.

Reasons

1. Facts of recognition;

A. The Plaintiff A is the owner of the Dongjak-gu Seoul Metropolitan Government FF ground reinforced concrete structure, brick sloping roof, two residential facilities and housing units (hereinafter “the Plaintiff building of this case”). The Plaintiff B is the lessee who resided in the rooftop floor of the Plaintiff building of this case and moved to the third floor.

B. Defendant C, as a land immediately adjacent to the instant Plaintiff’s building, was the co-owner of G G 95.2 square meters, H 265.1 square meters, I large 9.5 square meters, J 15.7 square meters, and J 155.7 square meters of land surrounding the two sides of the Plaintiff’s building. Defendant C had a 4-story apartment building of a reinforced concrete structure parallel roof, which existed on the ground of the said land (hereinafter “Defendant Existing Building”).

C. Defendant C contracted the removal of the existing building of this case to Defendant D, and Defendant D completed the removal work of the existing building of this case.

Upon the completion of the instant building in the Defendant Existing Building, there were land and buildings on the land in the Dongjak-gu Seoul Metropolitan Government, and L, the owner of which filed a civil petition on the ground of noise and vibration caused by the removal work. Defendant D was subject to an administrative disposition ordering the dispersion of noise generation or the reinforcement of soundproof facilities, etc. on the ground that noise exceeding the standard of living noise regulation occurred due to the removal work by the head of Dongjak-gu around April 2017.

E. Around December 2017, Defendant C, as a building owner, obtained a building permit from the head of Dongjak-gu to build a multi-household house with a total floor area of 1,364.77 square meters of underground floors and 4 floors above the above land (hereinafter “instant new building”). The construction of the instant new building was subcontracted to Defendant E, and the construction was completed from January 2, 2018 by performing the construction of the instant new building building (hereinafter “new construction”) of Defendant E from January 2, 2018.

F. The environment in which the defendant C is the existing building of this case and this.

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