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(영문) 서울북부지방법원 2017.09.14 2016가단29163
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Comprehensively taking account of the entries in Gap evidence No. 10 and the purport of the entire pleadings, the fact that the plaintiff acquired ownership of 329/846 square meters in D miscellaneous land at March 29, 2006, and that the above ground had six unregistered houses (hereinafter “instant housing”) on the same land with approximately 140 meters away from the instant housing, and that the defendant carried out several blasting construction works on the same land of E from July 7, 2014 to March 2015 in order to construct four accommodation facilities of about 10 stories on the same land with approximately 140 meters away from the instant housing.

2. The plaintiff asserts that since the defendant's blasting construction works caused cracks, fuses, and water leakage damage to the housing of this case owned by the plaintiff, the defendant is obligated to compensate the plaintiff for the repair cost of 26,672,270 won.

The Plaintiff’s assertion is insufficient to acknowledge that the Plaintiff is the owner of the instant housing solely on the basis of the descriptions of the evidence Nos. 1 through 3, and 6 through 10, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit without further review.

3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.

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