Where the market price of a site owned by the owner for the purpose of new construction of a building is lowered because a site adjacent thereto becomes fluored by conducting excavation works, the owner's liability to compensate for such decline.

Since the ownership of land affects the upper part of the site owned by the owner, even if excavation work was performed by using a middle-class bracker for the purpose of constructing a new building, if the degree is due to the method of ordinary use of the site by the owner of the site, and if the owner of the adjacent site is within the scope of the exercise of the ownership that should be approved, it cannot be said that the neighboring land becomes up up and its market price has lowered.

Articles 212, 214, and 750 of the Civil Act

Kim Jong-man et al.

Kim Jong-chul et al.

Seoul Central District Court (86 Gohap4718) in the first instance trial

1. Revocation of the part against the Plaintiffs ordering payment under the original judgment shall be revoked.

The defendants shall pay to each of the plaintiffs an amount of KRW 1,00,000 per annum from October 25, 1986 to November 22, 1989, and an amount of KRW 25 percent per annum from the next day to the date of full payment.

2. The plaintiffs' remaining appeals and the defendants' appeals are all dismissed.

3. Of the costs of lawsuit, the portion arising between the plaintiff Kim Jong-hwan and the defendants shall be five minutes in both the first and second instances, and three parts shall be borne by the same plaintiff, the remainder by the defendants respectively, and five minutes in both the first and second instances of the part arising between the plaintiff Kim Jong-soo and the defendants, and the same plaintiff and the remainder shall be borne by the defendants respectively.

4. Paragraph 1 can be provisionally executed.

The original judgment shall be modified.

The Defendants jointly and severally pay to the Plaintiff Kim Jong-hwan a sum of KRW 51,342,901, KRW 6,926,386, and KRW 250,000 per annum from the day following the delivery of a copy of the instant complaint to the day of full payment.

The Defendants jointly and severally provide for the Plaintiffs with appropriate facilities to prevent soil and sand rooms of the above 216-3 site from being located on the boundary of each site of 216-5,6,7 sites located in Gangnam-dong 216-3, Gangnam-gu, Seoul.

Costs of lawsuit shall be borne by the Defendants in both the first and second instances, and a declaration of provisional execution.

Of the original judgment, the part against the Defendants against the Plaintiff Kim Jong-man shall be revoked, and the corresponding Plaintiff’s claim shall be dismissed.

All the costs of lawsuit shall be borne by the above plaintiff in the first and second instances.

1. Occurrence of liability for damages;

The plaintiffs are co-owners of 683 square meters away from the above 216-dong, Seoul. The plaintiffs Kim Jong-Un is a sole owner of the above ground excavation work (the house of this case) where the plaintiffs reside, and the defendants are owners of the same 216-5,6, and7 sites adjacent to the above site owned by the plaintiffs (the above 216-5-6-6 of defendant Kim Young-chul, 216-7 are owned by defendant Kim Jong-ho, and the above 216-6-7 are owned by the defendants Kim Jong-ho, and the above 3 lots of land owned by the defendants (hereinafter the above site of this case) were excavated by the above 1985-2. The defendants' testimony and construction work of the above 4th ground ground excavation work is not subject to dispute between the parties' testimony and construction work and construction work of the above 2nd floor, and the defendants' testimony and construction work of this case are not subject to the above 7th ground excavation work (the above 2nd ground excavation work of this case).

2. Details of the liability for damages;

A. Determination as to the claim for reimbursement of damages for the house, fence, and well owned by the plaintiff Kim Jong-man

According to the appraisal result of the appraiser's new type of crime above, it can be acknowledged that the vibration caused by the excavation work in this case shows equal heat on the wall surface, roof, etc. of the plaintiff Kim Jong-Un's house owned by the defendants, and excavation work up to about 20 meters high from the ground of the site in this case, and the wells (up to 15 meters deep) located in the plaintiff Kim Jong-ro's land adjacent to the defendants' land came to be taken over at approximately 25 meters high, and there is no counter-proof evidence other than the part of the witness of the court below's rejection, and in restoring the above damage, it can be recognized that the removal, repair, construction cost, development of groundwater, and miscellaneous construction cost, etc. incidental to each of the above construction works together with the above 10,792,28 won, and therefore, the plaintiff Kim Jong-soo suffered damages equivalent to the above money due to the construction work in this case.

B. Determination as to the claim for damages due to the fall in the house price owned by the plaintiff Kim Jong-man

The plaintiff Kim Jong-man asserts that even if he accepts the house of this case at the above costs, the value of the house of this case will decline compared to that of the case before the towing, and that he claim 6,963,000 won which is equivalent to the decline price as compensation for damages.

In the case of damage to an article due to a tort, if it is possible to repair the article, the cost of repairing the article would normally be the loss, and when the repair is impossible, the decrease in exchange value would normally be the loss. In the case of repair possible, the decrease in exchange value after repair would be the loss due to special circumstances, and there is no assertion or proof as to the fact that the Defendants knew, or could have known, the above special circumstances at the time of the tort in this case. Thus, the above assertion is without merit.

C. Determination on the claim for damages due to decline in the land price owned by the plaintiffs

The plaintiffs asserted that since the plaintiffs' land owned by the plaintiffs, which was originally the same height by the defendants' excavation of about 19 meters and excavation of the site of this case, the market price was lowered, the amount of decline is about 36,514,00 won.

On the other hand, since the ownership of land affects its upper part, as long as the defendants incurred in the scope of ordinary exercise of ownership that does not reach an abuse of ownership in the site of this case, the plaintiffs suffered losses as alleged in the plaintiff's tort cannot be deemed as damage caused by the defendants' tort. In this case, it is reasonable to deem that the plaintiff's claim that the defendants suffered from excavation works to build a new building is due to the land owner of this case and the defendants' ordinary use method of site by the owner of the building of this case, which is the owner of the building of this case.

D. Determination on the medical expenses and the plaintiffs' claim for consolation money

Due to the excavation work of this case, severe vibration and noise occurred in the house of this case for several months, and the fact that the plaintiffs suffered mental pain is recognized as above, so the defendants are obligated to do so in cash. Thus, considering all the circumstances shown in the arguments of this case, such as construction period, vibration and noise level, the defendants should pay 1,00,000 won to each of the plaintiffs as consolation money.

The plaintiff Kim Jong-soo asserted that he sought payment of the above money as compensation for damages since he took out drugs equivalent to approximately KRW 1,000,000 due to the aggravation of the urology of urology, which is a urology due to the above noise and vibration. However, it is not sufficient to recognize that the testimony of the court below witness's urology alone has aggravated due to the above noise and vibration, and there is no other evidence to acknowledge this otherwise, and the above assertion is without merit.

E. Determination on the plaintiffs' claim to prevent earth and sand loss

The plaintiffs, due to the excavation work of this case, they came up with the site owned by the plaintiffs, and there is a concrete retaining wall constructed by the defendants between the site and the site owned by the plaintiffs of this case, but there is no complete vertical state, and there is rupture, and there is no rupture, etc., so the defendants are obliged to install appropriate facilities to prevent the soil contamination of the land owned by the plaintiffs between the above two sites. Thus, the defendants asserted that there is a duty to install appropriate facilities to prevent the soil contamination of the land owned by the plaintiffs. Thus, the defendants' testimony of part of the rupture of the above rupture of the court below corresponding thereto is not believed, but it is not sufficient to recognize it with the appraisal result of the above appraiser, and there is no other evidence to acknowledge it. Thus, the above assertion is groundless.

3. Conclusion

Therefore, the defendants order 11,792,288 won for restoration expenses and 1,792,280 won for 11,792,288 won for 10,000 won for 10,000 won for 10,000 won for 100,000 won for 200 won for 50 won for 1,000 won for 60 won for 60% for 9% for 9% for 9% for 9% for 9% for 9% for 20% for 9% for 9% for 9% for 9% for 9% for 9% for 9% for 9% for 20% for 9% for 9% for 20% for 9% for 10% for 9% for 9% for 10% for 9% for 19% for 10% for 9% for 10% for 9% for 10% for 9% for each for 9% for 10% for 9% for 9% for . for 9% for . for 9% for 9% for . for 2% for 9%. for 9% for . for 9% for . for 2. for 2% for . for 2%. for each of each of the above. for 9%

Judge Shin Sung-sung(Presiding Judge)