손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is the owner of the C Apartment 101 Dong 505 (hereinafter “Plaintiff apartment”) in Pakistan-si, and the Defendant is the owner of the above floor 605 (hereinafter “Defendant apartment”).
B. Meanwhile, from April 2013, the Plaintiff’s apartment apartment building’s part adjacent to the boiler room was damaged by ice, fung, malodor, malodor, etc. due to water leakage.
C. Around August 2013, the Plaintiff received a written estimate to the effect that, by requesting a man-made fishery proprietor to estimate the repair cost of the parts relating to the ceiling of the living room at issue, the Plaintiff spent a total of KRW 750,000 won due to the Gohap’s repair work and the Doing work, etc.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 5-1 and 2, Gap evidence 5-2, testimony by document D with a witness of a party trial, the purport of the whole pleadings
2. Existence of liability for damages;
A. The plaintiff asserts that the part of the living room of the plaintiff apartment is damaged as above due to the leakage in the boiler part of the defendant apartment apartment's boiler. The plaintiff asserts that the plaintiff's damage was caused by the above, and sought payment of KRW 1,750,000 as compensation for property damage and KRW 1,750,000 as compensation for mental damage.
In regard to this, the Defendant asserts that the above damage that occurred in the ceiling of the living room of the Plaintiff apartment is a natural or naturally occurring due to the deterioration of the entire building of the above 101 building, or due to water leakage in other floors or other lakes, and that there is no relation with the Defendant apartment. The Defendant claimed the Plaintiff’s claim.
B. The following circumstances, which are acknowledged by the aforementioned evidence, and the overall purport of Gap evidence, Gap evidence, Eul evidence Nos. 3, 4, and Eul evidence Nos. 1 through 4, namely, ① the lessee E of the plaintiff apartment building caused water leakage damage to the ceiling of the living room of the plaintiff apartment building around April 2013, the tenant of the defendant apartment building D.