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(영문) 광주지방법원 2016.09.08 2014가합51222
손해배상(기)
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant Sam Co., Ltd. (former trade name before the change: Samwoo Construction Co., Ltd.; hereinafter referred to as “Defendant Samok”).

A) On April 4, 2013, Defendant Natural Housing Co., Ltd. (hereinafter “Defendant Natural Housing”)

B) As between the Defendant’s natural house, the construction of a new building C (hereinafter “instant construction”) consisting of the construction of an urban-type residential house with 108 households and bath houses and a main complex building containing neighborhood living facilities with the size of 2,863 square meters underground and 9 stories above ground (2,863 square meters, total floor area of 11,021.80 square meters) from the Defendant’s natural house B from the Defendant’s natural house.

The contract amount of KRW 12,848,00,000, and the construction period from April 10, 2013 to October 10, 2014, the construction contract was concluded, and from April 10, 2013, the Plaintiff and the designated parties indicated in the list of the designated parties (hereinafter “Plaintiff and designated parties”) entered into the instant construction project from April 10, 2013. The Plaintiff and designated parties (hereinafter “Plaintiff and designated parties”) were living or owned in approximately KRW 21 to 152 meters in the construction site of this case at the time of the instant construction site (hereinafter “instant apartment”).

B. The present apartment of this case is an apartment that was approved for use on or around November 21, 1992, and about 20 years have passed since it was constructed on or around April 10, 2013, which was at the time of the construction of this case. The present apartment of this case is composed of 200 households, 102 households, 200 households, 103 households, and 80 households, respectively. The area of each household’s section for exclusive use is 84.3 square meters.

C. In order to construct the ground among the instant construction works, Defendant Sam-gu, the occupant of the instant apartment building, who was Defendant Sam-gu, installed a temporary earth wall for the construction of the ground, and started the ground-breaking construction. Around June 2013 in the course of the ground-breaking construction, there was rupture presumed to have been caused by ground subsidence on the road between the instant construction site and the instant apartment site, and concentration on July 4, 2013.

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