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(영문) 제주지방법원 2018.12.04 2017가단52582
손해배상(기)
Text

1. The Defendant: (a) against Plaintiff A, KRW 17,549,408; and (b) against Plaintiff B, KRW 15,070,592; and (c) against each of the said money.

Reasons

1. Basic facts

A. On October 17, 201, Plaintiff A purchased a Ri set of three-story size D land and three-story size on the land at Seopo-si, Seopo-si, Seopo-si (hereinafter “E”), and operated the Ri set after completing the registration of ownership transfer on October 28, 201.

B. After purchasing G land from the F on May 30, 2012 and completing the registration of ownership transfer on June 25, 2012, Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) newly constructed a lodging facility of the first floor and the fourth floor above ground level (hereinafter “Hriart”) on that ground, and completed the registration of ownership preservation on June 19, 2013.

C. Filisung Co., Ltd. (which was divided from the foregoing company on June 4, 2018, and was established by the Defendant without dividing the company before and after the division; hereinafter “Defendant”) obtained permission to construct training facilities of the size of the second and second floors underground from the Seopopo City in the area of each of the instant Ri districts and eight parcels, and filed a report on the commencement of construction on December 2012, 2012, with respect to the first and second floors from the Seopopo City in the area of each of the instant Ri districts.

(hereinafter referred to as “instant construction”) Construction of training facilities under the said construction permit:

On June 2014, after the Defendant reported the commencement of construction as above, the progress of construction was temporarily suspended due to the occurrence of a civil petition concerning the instant construction project. The construction was conducted from October 2015 to May 2016.

E. Meanwhile, around March 2016, the Korea Structure Safety Institute conducted pre-inspection services at the Defendant’s request, and examined the status of each of the instant sculptures located near the instant construction site. As a result, in the case of E, it was confirmed that sludge cracks, ruptures, and balcony water, and in the case of Hriart, the wall cracks and water ruptures were found, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 11 (including provisional number; hereinafter the same shall apply), Eul evidence 2, and arguments.

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