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(영문) 서울중앙지방법원 2019.01.25 2017가합556097
손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Housing Redevelopment and Rearrangement Project Association (hereinafter “Defendant Association”) is a cooperative established for a housing redevelopment project implemented in Seongdong-gu Seoul Metropolitan Government D D, and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) newly constructed an apartment apartment (hereinafter “Defendant Co., Ltd.”) at the above D unit as a contractor for an apartment construction project contracted by the Defendant Association.

B. The Plaintiff is the owner of Seongdong-gu Seouldong-gu Seoul Metropolitan Government F large 437.7 square meters, G large 11.8 square meters, and its ground reinforced concrete structure H building of 7 floors neighborhood living facilities (hereinafter “Plaintiff building”) adjacent to the instant apartment site.

C. The instant new apartment construction works commenced on March 2014 and continued around March 2018. The current status of the Plaintiff’s building and the instant apartment was as indicated in the attached sheet.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and Eul evidence 1 and 2, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was to terminate the lease contract for each of the units of the Plaintiff’s building due to noise, vibration, dust, etc. during the construction period of the instant apartment, thereby causing a studio or a studio. As such, the Plaintiff’s assertion was obligated to pay the Plaintiff damages incurred by 728,11,66 won in total due to damages incurred by the reduction of official room and rent, totaling 15,063,471 won, totaling 743,175,137 won, and delay damages incurred by the heat of the building.

3. Determination

A. In ordinary construction works, the construction works are justified solely on the basis that noise, vibration, and dust generated in the course of the construction works, since certain levels of noise, vibration, and dust generated are prepared.

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