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1. Revocation of a judgment of the first instance;
2. The plaintiffs' claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. Basic facts
A. The Plaintiffs are co-ownership owners of the I apartment in Dongjak-gu Seoul Metropolitan Government (hereinafter “Plaintiffs’ apartment”) and co-ownership owners of the said apartment site (hereinafter “instant apartment site”).
Defendant G District Housing Association (hereinafter “Defendant G Housing Association”) is a contractor that newly constructs J apartment on the G ground adjacent to the Plaintiff’s apartment site (hereinafter “new apartment”). Defendant Scco Construction Co., Ltd. (hereinafter “Defendant Scco Construction”) is a contractor that contracts the construction of the new apartment (hereinafter “instant construction”).
나. 피고들은 이 사건 신축아파트를 [별지3] 단지배치도 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉠의 각 점을 순차 연결한 선내 부분에 건축하기로 하였는데, 위 부분의 3면은 이 사건 대지와 맞닿아 있으며, 나머지 한 면은 도로와 접하고 있다.
C. From May 25, 2012, Defendant Spoco Construction adopted a removal-type type emulgian construction method among the public construction methods to prevent the collapse of the site boundary due to the ground degradation caused by underground excavation in the course of performing the construction of the foundation of the new apartment site in the instant new apartment site.
The term "Sagra construction method" means the act of cutting a hole in the direction of a shooting line between the earth wall constructed when the site of a building is excavated and the act of cutting down the earth wall and the ground so that the earth wall does not collapse to the inner side by inserting four parallel lines of 12.7m length or length of 8-12m or length in diameter, consisting of one watt, and then inserting a cement tar by inserting it into the ground and transmitting seal.
After completion of the removal-type destruction construction work, it refers to removing the Egrasia or its part, and when the ground destruction work is completed, the line and belt leader.