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(영문) 수원지방법원 2018.01.12 2016가합78505
손해배상(건)
Text

1. Defendant C shall pay to the Plaintiff KRW 24,565,069 and the interest rate of KRW 15% per annum from October 26, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 2,90 square meters of E-maintenance located adjacent to the instant housing (hereinafter “instant housing”) and D, and the Plaintiff is the owner of 2,90 square meters of the instant housing, which is located adjacent to the instant housing.

B. On December 28, 2015, Defendant C entered into a lease agreement with Defendant B to lease the instant maintenance from Defendant B to December 30, 2020 (60 months) for the purpose of operating the instant maintenance as a fishing place (hereinafter “instant lease agreement”) and Defendant C to pay KRW 36,000,000 to Defendant B without monthly rent (hereinafter “instant lease agreement”).

C. Defendant C from January 19, 2016 to the same year

2. Until January, 200, the instant maintenance and development project was suspended due to the Plaintiff’s filing of a civil petition, while performing land excavation works, etc. to create a depth of the maintenance of the instant case (hereinafter “instant maintenance and development project”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, 6, 9 (including each number), Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that this case’s maintenance and development project resulted in rupture to the instant house owned by the Plaintiff, and the appraiser calculated KRW 24,565,069 (including value-added tax) with the repair cost for the said rupture.

However, in the process of the construction, Defendant B, the owner of the instant maintenance, instructed and supervised the overall contents of the instant construction through F, which is the owner of the instant maintenance, and Defendant B did not implement defense works to prevent the collapse of the ground of the instant housing that belongs to the adjacent areas of the instant maintenance as the owner of the instant land during the construction process.

Therefore, this case.

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