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(영문) 수원지방법원성남지원 2010.07.21 2008가합12046
손해배상(기)
Text

1. Defendant Lonedo Construction Co., Ltd.: (a) KRW 92,231,259 for the Plaintiff and its related amount from February 1, 2006 to July 21, 2010 for the Plaintiff.

Reasons

1. Determination as to the claim against Defendant Datdo Construction Co., Ltd.

A. The Plaintiff asserts that, in the event of the occurrence of liability for damages, Defendant LAD Construction Co., Ltd. (hereinafter “Defendant LAD Construction”) newly constructed adjacent buildings in such a manner as to impair the utility of the building owned by the Plaintiff, and as such, damage was incurred as the Plaintiff’s building was destroyed and leased, Defendant LAD Construction should compensate the Plaintiff for the equivalent amount of damage.

The following facts are not disputed between the parties, or acknowledged based on the results of Gap evidence 4, 12-3, and appraiser B's appraisal of defect repair costs.

After completing the registration of Sungwon District Court’s Sung-nam Branch’s support and the registration of ownership transfer on September 22, 1983 with respect to the land of 262.1 square meters in Seongdong-gu, Sungnam-si (hereinafter “Plaintiff’s land”), the Plaintiff newly constructed a neighborhood living facility building (limited to a building of 224.46 square meters, total floor area 1,120.92 square meters, hereinafter “Plaintiff’s building”) on the ground above the ground, and completed the completion inspection in around 1985.

D around November 8, 1993, purchased 851.9 square meters (hereinafter referred to as “E land”) adjacent to the Plaintiff’s above land, and conducted a boundary restoration survey on November 8, 1993, constructed a parking lot building on the land above E land, and conducted a boundary restoration survey again on December 30, 1996.

Around June 2003, Defendant Lindo Construction applied for a building permit on the land above E, and conducted a boundary restoration survey on September 30, 2003. Unlike the previous survey, the current status of the land E was more than 30 cm in the direction of the Plaintiff’s land, and the Plaintiff’s land range was going to the road. As a result of this new survey, the wall of the Plaintiff’s building is deemed to be the boundary of the two land and the construction of Fju Complex Apartment apartment (hereinafter “instant apartment”) on the land above E.

On July 4, 2005, the plaintiff's land and E land on July 4, 2005.

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