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(영문) 울산지방법원 2016.04.05 2015가단16582
손해배상(기)
Text

1. The Defendant’s KRW 7,017,716 to the Plaintiffs, as well as 5% per annum from July 17, 2015 to April 5, 2016.

Reasons

1. Basic facts

A. The relationship between the parties 1) Plaintiff A owns the share of 7/9 shares among the building of 93 square meters and 7/9 shares among the above real estate, and Plaintiff B owns the share of 2/9 shares among the above real estate (hereinafter referred to as “the above ground building”).

(2) The Defendant is a company operating a housing construction business.

From July 2012 to January 2013, the Defendant constructed the Class 2 neighborhood living facilities of reinforced concrete structure on the D land adjacent to the Plaintiffs’ building.

(hereinafter referred to as the “instant construction”) B.

On July 29, 2012, the Defendant agreed between the Plaintiffs and the Defendant, while providing Plaintiff B with KRW 1.4 million, decided to cut off the part protruding out of the part of the second floor of the Plaintiffs’ building, and agreed with the said Plaintiff as follows:

(hereinafter “instant agreement”). 1. Consultation amount: 1.4 million won

2. The plaintiffs' part of the eavesma of the second floor of the building in Ulsan-gu D neighborhood living facilities and house construction work in Ulsan-gu is protruding out, and the above amount is paid and received in the agreed amount.

3. No objection shall be raised against the construction from the commencement to the completion of the DNA neighborhood living facilities or new house construction works;

4. When a defect occurs due to the defendant's fault while carrying out the D neighborhood living facilities and new house construction works, the defendant shall be liable to repair the defect in that part.

C. In the event of the defects in the building of the plaintiffs, the defendant cut part of the balcony floor of the second floor of the building of the plaintiffs, and after completing the above construction, there were some windows and walls ruptures and water leakages on the building of the plaintiffs.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 through 5 (including attachment of provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. In the course of the defendant's assertion 1 of the parties, the defects in the building were caused by the defendant's negligence in the process of cutting part of the plaintiffs' building.

Therefore, the defendant is against the plaintiffs.

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