손해배상
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Facts of recognition;
A. The Plaintiff is an occupant of the instant apartment Nos. 102, 105-dong (hereinafter “instant apartment”), Defendant B is an owner of the instant apartment No. 202, and Defendant C is an owner of the instant apartment No. 302, respectively.
B. The drainage pipe of the instant apartment house 202 and the toilets located in the bank inside 302 is connected to the central drainage pipe leading directly to the entire households of the instant apartment.
C. In the instant apartment No. 102, water leakage occurred from spring on September 2013, 2013, the Plaintiff performed a construction project replacing water supply and heating pipes at the recommendation of water leakage exploration companies on September 30, 2013 (hereinafter “instant construction”).
In the process, water leakage was discovered in the instant apartment 202 and 302, and it was repaired. The Plaintiff spent KRW 33,00,000, and KRW 1,780,000 as the cost of directors during the construction period.
[Ground of recognition] The fact that there has been no dispute, each entry of Gap's evidence of No. 1 and 14 (including a paper number; hereinafter the same shall apply), witness E and F's testimony and purport of whole pleadings
2. According to the facts charged as above, Gap's 3, 5, and 14 evidence, Gap's testimony E and F's testimony, fact-finding results on the D apartment management office of the court of first instance, and the purport of the whole pleadings, it can be acknowledged that Gap's damages liability occurred, and that Gap's indoor leakage of the above 102 inside of 102 can be acknowledged.
Therefore, the Defendants, as the possessor and the owner of an article 202 and 302, caused damages to the Plaintiff by violating the duty of preservation, management, and repair of the drainage pipes of an indoor toilet belonging thereto. Therefore, the Defendants shall compensate the Plaintiff for damages incurred due to the defect in the installation and preservation of a structure in accordance with Article 758(1) of the Civil Act.