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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 7,080,000 and 5% per annum from September 12, 2017 to March 19, 2019.
Reasons
1. Basic facts
A. The Plaintiff owns the first floor and the second floor above ground (the second floor above December 10, 1990, hereinafter “instant building”) under the ground of the wall structure slives slives slives slives of Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul.
B. On November 18, 2016, the Defendants: (a) purchased E-Ground bricks, 1st underground floor, and detached housing of 2nd floor (65.88 square meters, total floor area of 208.8 square meters) located on the southwest-west; and (b) built a multi-unit house of reinforced concrete structure with the size of 1st and 3rd floor on the ground (a building area, 77.57 square meters, 29.32 square meters) on the ground (hereinafter “instant construction”); and (c) obtained construction permission on December 2, 2016 and obtained approval for use on September 18, 2017 after commencing the construction on September 27, 2017.
C. From January 201, 2017 after the instant construction, the Defendants repaired the part of the main entrance of the entrance entrance of the second floor of the instant building and the roof board, and around February 2, 2017, the Defendants took part of repair due to the cracks of the rooftop board, the retaining wall ruptures of the house, the wall ruptures of the second floor toilet, and the water leakages of the second floor toilet.
Even after the repair work of the Defendants, there still exist both the outer wall and fence rupture, gate rupture, rupture of the right side of the main gate, underground floor rupture and water leakage, and the bend wall rupture of the first floor, and the repair cost is 23,600,000 won.
[Ground of recognition] Evidence Nos. 1, 3 (including paper numbers), Eul evidence Nos. 1, 2, 4, Eul evidence Nos. 5-1, video, and the purport of the whole pleadings
2. The Plaintiff’s assertion caused damages of KRW 23,600,00 for repair expenses, KRW 5 million for directors of two households underground, KRW 1,00,00 for partial repair expenses, KRW 1,80,00 for three-month rental damages of two households underground, and KRW 31,40,000 for damages of KRW 1,80 for three-month rental damages of two households underground, and the Defendants are liable to compensate for these damages.
3. Determination
(a) New construction works of a building for which liability for damages has arisen, shall be undertaken with earth and sand, such as ground-breaking and soil-breaking works, etc. inevitably;