Defendant D Co., Ltd. 6,448,270 won and 5% per annum from September 18, 2019 to February 4, 2021.

1. Facts of recognition;

A. On October 27, 1978, the Plaintiff completed the registration of transfer of ownership on October 26, 1978 with respect to buildings indicated in the 238.7 square meters of land in the Michuhol-gu Incheon Metropolitan City and its attached list on its ground (hereinafter “instant housing”).

B. On March 4, 2019, Defendant B completed the registration of transfer of ownership on January 18, 2019 with respect to 357.4 square meters in Michuhol-gu, Incheon Metropolitan City, which adjoins the said land’s boundary, based on one’s own trade on the said land. On January 21, 2019, Defendant B entered into a trust agreement with Defendant C on the said land with the head of the Gu of Michuhol-gu, Incheon, which obtained a building permit for multi-family housing (multi-household) of the first to the first to the seventh to the ground level (multi-household)/business facilities (officetel) on April 16, 2019, and completed the registration of transfer of ownership under Defendant C’s name on April 25, 2019.

(c)

Defendant D Co., Ltd. concluded a contract for the construction of the said building between Defendant B and the said building (hereinafter referred to as “new construction of this case,” and completed construction on March 25, 2019 after completing construction work on September 25, 2019. The interval between the instant housing and the instant building and the North-dong side of the instant new building is very close to less than 1.5m.

(d)

Defendant E managed the entire new construction work of this case as the field manager of Defendant D Co., Ltd.

[Reasons for Recognition] Unsatisfy Facts, Gap 1, 2 evidence, Eul 1 and 2 evidence (including each number), the court's commission of appraisal to appraiser H, the purport of the whole pleadings

2. Determination:

A. 1) New construction of a building is likely to cause damage, such as subsidence of the ground of an adjacent site or rupture of an adjacent building, due to noise and vibration while accompanied by soil construction, such as rupture of ground destruction and rupture of soil.