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1. The plaintiff in paragraphs 1 and 2 of the judgment of the court of first instance, including the plaintiff's claim extended by this court.
Reasons
1. Basic facts
A. On November 29, 1983, the Plaintiff is the owner of the building listed in the attached Table 1 list (hereinafter “instant building”). On January 12, 201, and February 29, 2012, the Defendant was awarded a contract with the Defendant for construction (hereinafter “construction”) of a new building on the 5th underground floor and the 17th ground-to-ground reinforced concrete building located adjacent to the instant building from the Defendant joining the Defendant, located adjacent to the Busan Dong-dong, 1193-5, Busan, which is located adjacent to the instant building (hereinafter “instant construction”).
B. From February 25, 201 to March 6, 2012, the Defendant carried out the construction of underground floors by means of the removal work of the existing building and the “loading construction” method (a construction method that constructs underground structures above the above), and C.I.P construction method (a construction method that inserting steel bars after drilling, and form a wall by inserting concrete) and S.C.W construction method (a planning level) was used to form a wall by inserting up injecting up injects, and form a wall by inserting up injecting up ins and inserting up earth files into reinforceds.
After the Defendant installed a wall, he completed the 2 to 5th underground excavation, steel framed building, concrete building construction, etc.
C. The building of this case was about five meters away from the site of the construction of this case. After the construction of this case, the cracks and water leakages in the oil storage, underground parking lots, pumps machine rooms, external walls, and majority of each floor of the building of this case were found to have occurred, and there was a decrease in groundwater level and ground subsidences.
[Ground of recognition] Unsatisfy facts, Gap 1, 3, 7 through 9, Eul 1 evidence or images, each of the appraisal results of the first instance appraiser A and the first instance trial appraiser B, the purport of the whole pleadings
2. Whether liability for damages arises;
A. The summary of the plaintiff's assertion 1 is unreasonable to the defendant during the construction process of the instant case.