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1. Of the judgment of the court of first instance, the part against the Plaintiffs falling under the following additional payment order.
Reasons
1. Basic facts
A. The plaintiffs are owners who completed the registration of ownership transfer with respect to shares of 1/2 of housing of 200 square meters in Nam-gu, Busan Metropolitan City (hereinafter "the housing of this case"). The defendant is a contractor who constructed new apartment houses of 100 stories underground and 10 stories above ground (hereinafter "the construction of this case") adjacent to the housing of this case.
B. The Defendant commenced the instant construction on August 25, 2016, and completed the approval for use of the new building on December 26, 2017.
C. After the completion of the instant construction, the housing of this case has a large number of cracks, breakages, etc. in the interior (such as the front side of the building, the right side outer wall, the left side external wall, the right side wall, the right side wall, etc.) of the building and outside (such as the front side of the building), and there were some water pipes in the housing (the inside wall of the first floor boiler, the outer wall of the first floor boiler, the inside wall of the second floor kitchen, etc.), and the repair costs for accepting the said matters are as listed below.
The details of Nos. 16,392,200 won in total of 2,462,90 won in damage to water pipelines 2,462,90 won in total of 18,85,100 won in the cost of repair and construction works, and 16,392,20 won in total of 18,85,100 won in the cost of damage to water pipelines 2,462,90
2. The parties' assertion
A. As a result of the instant construction, most of the buildings, such as outer walls, inner walls, and fences, caused serious cracks and water leakage damage to the instant house. ② Several water pipes were destroyed within the instant house; ③ the Defendant, without the Plaintiffs’ permission, contained fixed pin in the instant house into stuffed houses, and generated ruptures on the outer wall, rooftop, etc. of the instant house.
The Defendant has suffered damage to the housing adjacent to the site at the construction site while performing the instant construction.