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案例某地6层商住楼,底层为商业用房,产权属某公司所有。2~6层为居住房,产权为28户居民所有。2003年,公司将底层部分的填充墙拆除,地面部分下挖,准备增建夹层。公司委托当地房屋安全鉴定处鉴定,认定其施工图能满足安全使用需要。经有关部门核准后,公司开始施工。施工过程中,居民认为该公司行为造成其住房墙体开裂,屋面、墙面渗水等现象发生,应恢复原状,遂将其告上法院。法院委托房屋安全鉴定处鉴定结论为,居民住房出现的问题并非该公司底层增建夹层造成。
Case 6 floors of commercial and residential buildings, the bottom is commercial housing, ownership of a company owned. 2 ~ 6 layers of housing, property rights for all 28 residents. In 2003, the company demolished the infill wall at the ground floor and partially dug the ground to prepare additional mezzanine. The company commissioned the local housing safety appraisal, appraisal, construction plans to meet the safe use of the need. Approved by the relevant departments, the company started construction. In the course of construction, residents think that the behavior of the company caused the cracking of the walls of houses, the occurrence of seepage on the roofs and walls, should be restored to their original status and then be brought to court. The court commissioned the Housing Safety and Appraisal Office appraisal concluded that the problem of residential housing is not caused by the additional mezzanine at the bottom of the company.