beta
Text
1. The Defendant’s KRW 45,857,533 as well as the Plaintiff’s annual rate from February 17, 2015 to August 17, 2017.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the real estate listed in paragraphs (1) and (2) of the attached list Nos. 1 and (2) (hereinafter referred to as “instant housing”; the real estate listed in Paragraph (2) of the attached Table Nos. 2 is referred to as “the instant stable”; and the Defendant is the C Road Expansion Works, which is performed in the first page B adjacent to each of the instant real estate (hereinafter referred to as “instant construction”).
B. From March 2010, the Defendant, while performing the instant construction from around March 201, carried out tunneling operations and bridge fileing operations. During the instant construction, there were cracks, mast, mast, damage, water leakage, etc. in the outer walls, rooftops, entrances, bedrooms, beer, kitchens, toilets, toilets, etc. of the instant housing and in the fences, floors, rooftops, beams, etc. of the instant stables.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1 and 2 (including virtual numbers), the result of appraiser D’s appraisal, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that since the construction of this case causes or expands the cracks, water leakages, etc. of each real estate of this case due to the construction of this case, the defendant asserts that the plaintiff is liable to pay damages equivalent to the total amount of 45,857,533 won for the cracks, water leakages, etc. of each real estate of this case pursuant to Article 750 of the Civil Act (=35,539,046 won for the housing of this case) and damages for delay.
B. The Defendant’s assertion: (a) the real estate of this case was 10 years to 15 years after its new construction; (b) the state of rupture, etc. had already occurred prior to the construction of this case; and (c) the instant livestock shed was in a place less than 200 meters away from the construction site of this case, and thus was not affected by the construction of this case.