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1. Defendants B and D Co., Ltd. shall jointly engage in KRW 28,162,531 and the year from March 3, 2016 to April 20, 2018.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the five-story building in Mapo-gu Seoul Metropolitan Government (hereinafter referred to as the “one-story building”) and F-First and Second Ground (hereinafter referred to as the “Second Building”) and Defendant B is the owner of G site and its ground buildings adjacent to the above two buildings.
B. Defendant C, who is a child of Defendant B, has obtained a new building construction permit from the head of Mapo-gu Office on September 18, 2015, on a ground of 430.6 square meters in Mapo-gu Seoul Metropolitan Government I to 430.6 square meters and above ground, 1,136.83 square meters.
Defendant C and H concluded a new building construction contract with Defendant D Co., Ltd. (hereinafter “Defendant D”) on February 7, 2016.
C. After the above contract, Defendant D performed the ground-breaking works, basic works, and civil works on the instant site. D.
In the process of the new construction of this case, Defendant B was sentenced to a summary order of KRW 1 million due to the damage and boundary of the property of the above two buildings owned by the Plaintiff and became final and conclusive.
E. Damage incurred by the Plaintiff’s building due to the Defendant’s new construction work after March 3, 2016 is as indicated below (the Defendant’s ground).
F. Meanwhile, on February 13, 2015, before the new construction of the instant case, Defendant B removed the 1st underground floor, the 2nd ground, the existing building on the instant site between J & J, and the instant site.
4. After suspending 15.15., the Seoul Central District Court paid KRW 41,326,064 to J Co., Ltd. construction cost to be removed by 5344960.
EF [Grounds for Recognition] Unstrifed Facts, Gap evidence 22, 23, Eul evidence 3 to 3 of Eul, 9, Eul evidence 1 to 13 of Eul, the result of the appraisal of defects by appraiser K, the purport of the whole pleadings.
2. Judgment on the plaintiff's claim
A. In addition to the result of the above appraisal, the Plaintiff’s repair construction cost is the 1,055,136 won in balcony cracks of the 12-household owned by the Plaintiff (87,928 won x 12 households), the rupture repair cost of outer walls 248,816 won, and the rest room and multi-use rooms of the first floor underground of the building 2.