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(영문) 대전지방법원 2018.01.31 2017나3800

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is the owner of the third floor No. 303 (hereinafter “Plaintiff’s Housing”) among the 122.4 square meters of multi-household housing, 122.4 square meters of 122.4 square meters of 22.4 square meters of 3rd floor, 122.4 square meters of 4 square meters of 122.4 square meters of 3rd floor, 122.4 square meters of 4 square meters of 4th floor (hereinafter “instant building”). The Defendant is the owner of the fourth floor of the instant building (hereinafter “Defendant’s Housing”).

B. On August 20, 2016, the Plaintiff found water leakage in the ceiling of the Plaintiff’s housing site through the lessee of the Plaintiff’s housing (hereinafter “instant water”) and caused damage, such as damage to a tent remote area, fung generation, and gung products and girescent failure.

C. On September 5, 2016, the Plaintiff requested the detection of water leakage in D, and inspected water leakage of the Defendant’s housing in the presence of the Defendant’s spouse, the lessee of the Plaintiff’s housing, and the lessee of the Defendant’s housing.

The above E confirmed that water leakage occurred due to the cracks inside the bathing room of the defendant's house and the cracks around the window frame.

The plaintiff paid 300,000 won at the above inspection cost.

On September 21, 2016, the Plaintiff: (a) entrusted F with the construction for resolving the water leakage of the instant case; and (b) performed F with the construction for the tent and the tent, and on October 14, 2016, with the electric light exposure transmission line.

The Plaintiff spent KRW 1,070,000, 400,000 for each construction cost as above.

E. On March 22, 2017, the first instance court appraiser G appraised the Plaintiff’s housing and the Defendant’s housing and appraised the cause of water leakage in the instant case.

The main contents of the above appraisal results are as follows:

1) The water flow, which flowed out due to the low-proof defect in the Defendant’s bath room and the low-proof defect in both sides of the water tank, was drained around the drain pipe. 2) The water flow, which flows out to the center of the Defendant’s house, is the water flown around the drain pipe, and the water flow flows out to the center of the Defendant’s house through concrete cracks.

3. Rooftop.