손해배상(기)
1. The Defendants are the parties to the lawsuit of Tybro Broadcasting Co., Ltd. with respect to KRW 2 million and that of the Plaintiff.
1. Facts of recognition;
A. The Plaintiff partitionedly owned Non-01, Non-02, Non-01, Non-02, 101, 302, 401, and 402 among multi-household houses (10 households, hereinafter “instant condominium buildings”) of Gangseo-gu Seoul Metropolitan Government, a multi-household building built around October 1991.
B. The Defendants installed a telecommunications line on the rooftop machine and part of the instant aggregate building, which is a common part of the rooftop, and the telecommunications line became destroyed due to weather changes.
C. The Defendants removed communications lines installed on the current rooftop.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, and 5's statements or images, the purport of the whole pleadings
2. Determination as to the cause of claim
A. Comprehensively taking account of the facts acknowledged as above and the evidence revealed earlier, the Defendants are liable to compensate the Plaintiff, who is a sectional owner of the instant condominium building, for the damages caused by the destruction of the machinery and apparatus as a common area, as the communications line owned by the Defendants was installed with due care on the rooftop and part of the common area of the instant condominium building.
Furthermore, with respect to the amount of compensation for damages, it seems that the aftermath of the aggregate building in this case contributed to the damage to the flag. Since the plaintiff does not own all the aggregate building in this case, the plaintiff can use the rooftop, flag and part of the section for common use in the ratio of the area divided by the plaintiff, and the compensation for damage caused by the damage to the flag can also be claimed at that ratio. It is reasonable to set at KRW 2 million in light of the fact that the construction of the aggregate building in this case is not all damaged.
B. The Plaintiff seeking compensation for rent has caused KRW 100,000,000 from 6 years to 60,000,000,000,000 from 401 and 402, which are the highest floor of the instant condominium building. Since the Plaintiff did not increase the rent amount from 6 years to 60 million due to damage to the flag, the Defendants did not increase the rent amount.