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(영문) 서울중앙지방법원 2020.07.10 2019가합506430
손해배상(기)
Text

1. Defendant Seoul Special Metropolitan City, C Co., Ltd., D Co., Ltd. and E Co., Ltd. jointly share KRW 50,000,000 to the Plaintiffs.

Reasons

1. Basic facts

A. 1) The plaintiffs are the 1st basement and the 5th floor above the ground in the first and fourth lots in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter referred to as the “instant building”).

Of the above, the general public bath in the name of “G” from the first underground floor to the first underground floor in 2002 (hereinafter “instant friendship”).

The building of this case was operated. Around July 1984, the Defendant Seoul Special Metropolitan City is the owner of the “H-I tunnel road work site” (hereinafter “instant tunnel construction”) and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is the main contractor of the said tunnel construction.

Defendant D Co., Ltd. (hereinafter referred to as “Defendant D”) is an executor of the “J (K or L Section) Section 3 of the H (hereinafter referred to as the “instant light railing construction”) and, in addition to the said tunnel construction, Defendant E Co., Ltd. (hereinafter referred to as the “Defendant E”) is the main contractor of the said light railing construction and the said tunnel construction, and the main contractor of the said tunnel construction, and the Defendant Seoul Special Metropolitan City is the authority to supervise infrastructure as the competent authority of the said light railing construction.

Defendant Gwanak-gu, Seoul Special Metropolitan City is a local government having jurisdiction over the site of the tunnel construction of this case and the border railroad construction of this case.

B. The instant building is located within the “Class 3 general residential area” as stipulated in Article 36 of the National Land Planning and Utilization Act and Article 30 of the Enforcement Decree of the same Act. 2) The tunnel blasting site of the instant building is located within a distance of about 400 meters from the instant rain or around 400 meters, and the site of the instant light railing construction is located far from the instant rain or about 50 meters.

C. The progress of each construction of this case 1) The tunnel construction of this case is a four-lane tunnel (the 40-meter underground) from Gwanak-gu in Seoul Special Metropolitan City to the O, to the 2.29 km of total length.

Excavation methods shall be conducted by the method of construction by blasting powders, and the frequency of blasting per day shall be twice a.m. and o.m.

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