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1. All appeals filed by both the Plaintiff and Defendant D are dismissed.
2. The costs of appeal shall be borne by each party.
purport.
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are the reasons for the judgment of the court of first instance, except for the dismissal or addition as follows, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Part 6 of the judgment of the court of first instance, which was written after the first instance, is deemed as follows: “However, in full view of the above evidence and the purport of the entire pleadings in the statement in No. 7, the building of this case shall be deemed as “the Plaintiff after the use of the evidence was approved on February 28, 1992,” “2013, 12.5,” “33,046, 282 won” in Part 8, 9, respectively, and “3,601, 044 won” in Part 8, 9.
The 5th parallel 3th parallel 5th parallel to 6th parallel 2th parallel shall be followed as follows.
Article 758(1) of the Civil Act provides that Defendant B shall also be liable for damages arising from tort under Article 758(1) of the Civil Act. However, the defect in the installation and preservation of a structure is incomplete because it is not sufficient to construct and preserve a structure, and therefore, the structure itself is in a state of failing to meet normal safety. Thus, even according to the Plaintiff’s assertion, the damage incurred to the instant real estate occurred under ground subsidence during the instant excavation work. Thus, there is no room to apply Article 758 of the Civil Act as it is irrelevant to the stability that the land and new building owned by the Defendant should normally be installed in the course of the above excavation work, and the liability for damages incurred to another person due to the defect in the installation or preservation of a structure under Article 758(1) of the Civil Act does not first directly and specifically control the structure, and the possessor of the structure actually controls the possession of the structure, and the possessor of the structure does not neglect due care for the prevention of damage.