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(영문) 전주지방법원 2021.02.17 2020나5740

손해배상(기)

Text

1. The part against the Plaintiff ordering payment under the judgment of the first instance shall be revoked.

The defendant shall make the plaintiff 2,253.

Reasons

1. The parties' assertion

A. Since the trees managed by the Plaintiff were used due to a defect in planting or preserving trees, and the automobile owned by the Plaintiff was damaged, the Defendant is liable to compensate the Plaintiff for the damages incurred therefrom.

B. The defendant is not the management entity of the common use area of the defendant aggregate building, and the above accident is only caused by typhooning, not caused by tree defects.

2. Facts of recognition;

A. The Plaintiff is the owner of C New-Tech Trucking Truck (hereinafter “instant vehicle”) and the Defendant is the representative meeting of occupants organized by the occupants for the management of B Apartment-gu Seoul Metropolitan Government Apartment-gu Apartment-gu apartment (hereinafter “instant apartment”).

B. On September 7, 2019, the uppermost of the trees planted inside the wall of the apartment of this case (hereinafter “the instant trees”) caused an accident that destroyed the front part of the instant vehicle parked outside the said wall (the front, driving seat, and the front roof), etc. of the instant vehicle parked outside the said wall (hereinafter “the instant accident”). The said time was immediately before the typhooning passes through the area where the instant apartment of this case, and the wind is 4.9m/s, and the maximum wind on that day is 9m/s (11m).

(c)

The time of announcement and cancellation of special weather alerts for typhooning is from September 6, 2019 to September 15, 2019.

[Grounds for recognition] The evidence Nos. 1 and 5, Gap evidence Nos. 7 through 10, the head of the headquarters at the end of the period prior to the deliberation of the party, and the result of inquiries into facts about the previous main market, the purport of the entire pleadings

3. Occurrence of liability for damages;

A. Article 2(1)8 of the Multi-Family Housing Management Act provides that “The representative meeting of occupants means an autonomous deliberative body organized to determine important matters concerning “management” on behalf of occupants, etc. of multi-family housing” as to whether the Defendant is responsible as the managing body for common areas of the multi-family building.” Article 5(1) of the same Act provides that “the occupants, etc. shall be the occupants, etc.”