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(영문) 울산지방법원 2018.02.28 2016가단65321
손해배상(기)
Text

1. Defendant Busan Construction Co., Ltd.: KRW 3,076,479 for Plaintiff A and KRW 3,076,480 for Plaintiff B and each of them.

Reasons

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

The plaintiffs are co-owners of the building 3rd floor above the Ulsan-gu, Ulsan-gu C ground (hereinafter referred to as the building of this case).

The building of this case was completed on October 7, 1996, and 20 years have elapsed as of the date of closing argument of this case.

[A] 1-3, 1-4, 1-4, b 2] Defendant Seocho-gu Community Credit Cooperatives (hereinafter referred to as Defendant Treasury) is the owner and the owner of the building on the ground directly adjacent to the building of this case, Ulsan-gu D (hereinafter referred to as the adjacent land of this case).

[A] A-1, 1-2, 2, 4-1] The Defendant’s Treasury entered into a construction contract with Defendant Dental Integrated Construction Co., Ltd. (hereinafter “Defendant Dental Construction”) on October 20, 201, with a content that a new construction of one unit of business facilities of the first and third floors above the ground level on the adjoining land of this case.

[The construction of this case is referred to as “A” 1-1, 3, and A 1, hereinafter] The construction period was agreed from October 20, 201 to March 10, 2012.

On November 4, 2011, Defendant Busan Construction commenced the instant construction work.

[Written Expert Opinion] Around the completion of the base-breaking construction, the Plaintiffs requested for a safety inspection of the instant building to Defendant Down Construction, Defendant Down Construction Co., Ltd. to provide services related to the safety inspection of the instant building as of November 10, 201, and conducted a field investigation on the instant building as of November 14, 201 to December 22, 201, and submitted a report on the survey of the current status on December 23, 201.

[referring to BB 3, appraisal report, and report on the investigation into the current status of the building of this case. In the investigation into the current status of the building of this case conducted at the time, a wide range of investigation was conducted, such as equal heat, water leakage, sloping, sloping, and double wall shooting, on-site investigation, and conducting measurement.

As a result of the investigation, the part of the building in the inside and outside of the building of this case shall be composed of the structural walls and the parts of the natural materials contact with each other.

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