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(영문) 수원지방법원성남지원 2020.08.27 2018가합405920
손해배상(기)
Text

1. The Defendant’s each of the Plaintiff A, C, F, and H KRW 9,271,769, Plaintiff B, D, E, G, I, and J, respectively, and each of the said money.

Reasons

1. Basic facts

A. On September 20, 2016, the Plaintiffs are the owners of buildings (referring to the address of the Plaintiffs in written judgment) “M buildings (referring to the size of the first floor and the sixth floor above the ground; hereinafter “Plaintiffs’ houses”)”, which are multi-household houses located in Jung-gu, Seongbuk-gu L, Seongbuk-gu, 201, and have been sold in lots and have been occupied until now since the completion date.

B. P and Q, the owner of the land N and O in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, the plaintiffs' neighboring housing (hereinafter "the land in this case"). P and Q, the owner of the new building on the ground in this case, as seen below, decided to construct the building on the ground in this case, and ordered the construction in this case to the defendant.

The location of the plaintiffs' housing and the building of this case is as shown in the attached Form "Certified Copy of Cadastral Map".

(O) The part indicated as “O” on the cadastral map is the location of the Plaintiffs’ housing and the part indicated as “v” is the location of the instant building.

On November 4, 2016, the Defendant removed existing buildings on the instant land, and performed excavation works, such as a stop work, etc. for the construction of the instant building from March 2, 2017 to March 2, 2017, and completed the instant building on the second and tenth floors above the ground.

Since March 2017, when the Defendant started construction, the Plaintiffs filed a civil petition with the Plaintiffs’ housing due to the construction of the instant building in the Sungnam Viewing Construction Division, and requested the Defendant to conduct a safety inspection of the Plaintiffs’ housing. From April 4, 2017, the Defendant filed a civil petition with the Defendant regarding the Plaintiffs’ housing.

4. By December 21, 201, measuring more than six times from May 29, 2017 to May 29, 2018, respectively, and conducting a thorough safety inspection on December 10, 2017, respectively, and implementing the Plaintiffs’ housing ground reinforcement construction from February 1, 2018 to February 2 of the same month.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 15 (if there are serial numbers, including them; hereinafter the same shall apply).

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