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原告甲为本市桌楼盘63号楼的401、402和403室的业主,63号楼为一幢6层住宅楼,1-3楼的所有权人为乙公司。1999年9月,乙公司将63号1至3楼及与之相邻的两层裙房租给丙公司,丙公司承租房屋后,经装修于2000年4月开设丁公司,经营卡拉OK、KTV包房。装修过程中,丙公司和丁公司拆除了63号1至3层的部分承重墙。由于房屋的承重结构的改动,造成63号4楼的结构变形。时此,甲多次向乙公司及相关职能部门反映,均无结果。2002年6月,甲诉至法院,请求判令丙公司、丁公司赔偿损失、恢复承重墙,乙公司承担连带责任。 原审法院审理过程中,委托房屋质量检测站进行鉴定。鉴定结论为,拆除部分承重墙体(包括自承重墙)或在墙体开设(扩大)洞口。严重影响房屋整体结构安全和抗震能力,构成重大隐患。一审认为,丙公司、丁公司此种行为已构成侵权,理应承担赔偿损失、恢复承重墙之责,乙公司与丙公司、丁公司在主观上未有共同的故意,故不构成共同侵权。原告甲不服一审判决,提起上诉。
The plaintiff A is the landlord of Room 401, 402 and 403 of Building 63 in the city, while Building 63 is a 6-storey residential building. The owner of Buildings 1-3 is B Company. In September 1999, Company B rented No. 1 to No. 3, No. 63 and two adjacent podiums to Company C. After renaming houses, Company B opened a company in April 2000 to run KTV, KTV, Private room. During the renovation, Company C and Company D removed some of the load-bearing walls of No. 1 to 3 floors. Due to the change of the load-bearing structure of the house, the structure on the 4th floor of No. 63 was deformed. At this time, A repeated several times to the company B and related functional departments, no results. June 2002, a lawsuit to the court, requesting an order C, Ding company compensation for losses, to restore the load-bearing walls, B companies bear joint and several liability. The court of first instance tried the house quality inspection station for appraisal. The appraisal concluded that some of the load-bearing walls (including self-supporting walls) were demolished or opened (enlarged) in the walls. Seriously affect the overall structural safety and seismic capacity of the house, constitute a major risk. The first instance held that such acts of Company C and Company D constituted infringement and should bear the responsibility of compensating for the losses and restoring the load-bearing walls. Party B, Company B and Company D did not share the common intention of subjectively and therefore did not constitute a joint infringement. The plaintiff A refused to accept the judgment of the first instance and filed an appeal.