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1. The Defendants jointly share KRW 13,160,000 with respect to the Plaintiff and 5% per annum from March 2, 2017 to December 20, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner who completed the registration of ownership transfer on March 23, 2015 with respect to the land in Nam-gu Incheon Metropolitan City (hereinafter “instant land”). The Plaintiff is the owner of a cement block building constructed around 1987 on the said land (hereinafter “instant building”), and is the owner of the instant building, and operates a mechanical manufacturer of “D” in the instant building.
B. Defendant B Co., Ltd (hereinafter “Defendant B”) is the owner who completed the registration of ownership transfer on December 11, 2015 with respect to the land (hereinafter “instant adjoining land”) adjoining to the instant land and building, and is the owner who is the owner and the owner of the automobile sales company of the total 12th floor size newly constructed on the instant adjoining land (hereinafter “instant adjoining building”).
C. On February 16, 2016, Defendant B entered into a contract for the construction of the instant adjacent building with the contract price of KRW 730,000,000 on the part of Defendant Save Construction Co., Ltd. (hereinafter “Defendant Save Construction”).
On April 30, 2016, in the process of the construction of the above new construction project, Defendant Schan Construction agreed with Defendant B to waive and reduce the remaining construction works, and thereafter, the Jinified General Construction Corporation continued the construction to be a new contractor, and the adjoining building of this case was completed.
E. According to the result of the on-site inspection conducted by this court and the appraisal conducted by appraiser F, damage, such as cracks of the building of this case, was incurred due to the construction of a new building adjacent to this case. In lieu of the defect repair of the building of this case, the construction cost for restoration to original state is the sum of KRW 16,450,000 (if the construction cost is less than 10 won for the convenience of calculation).
Items 2,921,115 won in total 16,450,01 won in total 2,921,921,906,48 won in 5 waste disposal 2,906,488 won in 2,299,590 for roof 2,29,590 for roof 3 external fences 2,093,180.