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1. Of the judgment of the first instance court, the part against the Defendant C in excess of the amount ordered to be paid below shall be revoked.
Reasons
1. The reasoning for the court’s explanation concerning this case is as follows 2. A. The first 5th 10th 10th 10th 5th 5th 5th 10th 2th 2th 1
(2) from 7th to 20th of the first instance judgment, the following 2.B.
(3) from 8th to 14th of the judgment of the first instance court, the following 2.C.
(4) from 10th to 12th of the first instance judgment are as follows.
In addition to those used as mentioned in the same paragraph, it is the same as the reasoning of the judgment of the court of first instance, and thus, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. A portion used for adding or cutting;
A. As to the violation of the Building Act which Defendant C without permission from the head of Gangnam-gu Seoul Metropolitan Government on the ground of the 2-5th floor area of the instant building, it is written that Defendant C contracted the instant construction work to remove the interior facilities, etc. of the 4-6th floor above the instant building, and that Defendant C can be seen as removing the entire floor facilities of the 5th floor above the instant building in the construction estimate, and that “the 5th floor cutting” is written in the “the 5th floor cutting”, which can be seen as the meaning that Defendant C’s removal of the entire floor facilities of the 5th floor above the instant building.
B. Furthermore, in a case where damages are inflicted on others due to defects in the installation or preservation of a structure, the possessor of the structure is liable for damages first and the owner of the structure is liable for damages secondly unless the possessor fails to exercise due care necessary for the prevention of damages. However, in a case where the possessor of the structure or a person who is in the same position as the possessor of the structure or a person who is in the same position as the latter suffers damages due to defects in the installation or preservation of the structure, the owner shall be liable
(See Supreme Court Decision 93Da40560 Decided November 9, 1993, and Supreme Court Decision 2008Da21082 Decided July 24, 2008, etc.).