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(영문) 대구지방법원 경주지원 2018.01.25 2015가단13341
손해배상(기)
Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 31, 2001, 2001, Defendant B sold the land owned by Defendant B to Samju Co., Ltd., which was sold to the Plaintiff on April 21, 2006 and currently owned by the Plaintiff.

B. After purchasing a factory site from Defendant B, Samsan Co., Ltd., purchased a factory site from Defendant B, 368 square meters (Defendant B) prior to E on the boundary surface while constructing a new factory, and 107 square meters of F forest land (Defendant C’s ownership) on the slope surface of a road on a slope of 107 square meters of land on the boundary surface (hereinafter “existing stone axis”).

C. After that, around June 201, Defendant C newly accumulated 1.7-2.4 meters above the existing tin axiss in order to expand and open access roads to the E Jeon and F forest and fields (hereinafter “additional tin axis”).

On July 9, 2011, around 7-8:00 a.m., the daily strong size of 134.5m from the 134.5m., and there was an accident that part of the existing stone axis and the additional stone tin was removed, and the Plaintiff-owned factory building was covered by the stone axis and the soil that was cut down.

(hereinafter referred to as the "accident of this case") . [Grounds for recognition] Gap 1 through 6, and 8, each entry (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1, C, and Jeongjin Co., Ltd., installed an additional tin axis on the existing tin axis and performed banking construction. Since tin axis is considerably low compared to a concrete retaining wall, it is actually unable to function as a structure resistanceing at the dynamic pressure of the earth on the ground that it is considerably low compared to a concrete retaining wall, and thus, tin axis is deemed as part of a slope with a high strength water and was designed and constructed to prevent collapse of stone to ensure the stability of activities, despite the duty of care to prevent the collapse of stone embankments by neglecting to do so by negligence.

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