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(영문) 서울남부지방법원 2016.05.27 2014가단223234
손해배상(기)
Text

1. Defendant Tae forest Construction Co., Ltd.: (a) KRW 49,863,605 for the Plaintiff and its related amount from May 7, 2015 to May 27, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Yangcheon-gu Seoul Metropolitan Government C& 189.2 square meters and its ground reinforced concrete structure, and the third floor and multi-household multi-household multi-household multi-family housing (hereinafter “instant building”). Defendant B is the owner of the Seoul Yangcheon-gu Seoul Metropolitan Government D& 331.2 square meters adjacent to the said land owned by the Plaintiff.

B. Around April 2013, Defendant B entered into a contract for construction works with Songchi Integrated Construction Co., Ltd. in order to build urban-type residential housing on the above D ground, but the said company renounced the construction works on or around December 2, 2013, Defendant Taechi Construction Co., Ltd. (hereinafter “Defendant Company”) around December 10, 2013, and entered into a contract for construction works with Defendant Taechi Construction Co., Ltd. (hereinafter “Defendant Company”) by setting the construction cost as KRW 1.455 million.

C. Around December 12, 2013, the Defendant Company subcontracted the construction work of the land-breaking and soil-shielding construction (hereinafter “instant construction”) to the Youngdo Construction Co., Ltd. (hereinafter “Yando Construction”) during the construction that the Defendant Company contracted to the Defendant Company on the construction cost of KRW 147 million, and Youngdo Construction performed the instant construction work to newly build the urban-type residential housing in Defendant B around January 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 9 to 13 (including additional numbers), appraiser E's appraisal result, the purport of the whole pleadings

2. Claim against the defendant company

A. In full view of the above basic facts and the purport of the entire arguments as a result of the appraiser E’s appraisal, the Defendant Company contracted the instant construction to Youngdo Construction. However, Youngdo Construction, which is a sewage supplier, has excavated more depth than the boundary line on the side of the site adjacent to the instant building, thereby causing a lot of ground subsidence of the site on which the instant building was located. Accordingly, the entire building of this case is in the direction toward the south where Defendant B’s new building is located, and thus, it would interfere with running a residential life.

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