손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 13, 2014, the Plaintiff completed the registration of ownership transfer with respect to the Busan-gu Busan-gu C building and 302 (hereinafter referred to as “302”), and resides in 302. B. The Defendant completed the registration of ownership transfer with respect to the Busan-gu C building and 402 (hereinafter referred to as “402”) located on the upper floor immediately above October 27, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, the purport of the whole pleadings
2. The Plaintiff’s assertion or the Defendant’s mother, D, around May 2016 and around July 2016, performed pipeline construction works on two occasions.
After that, 302, the lower floor of 402, which caused serious leakages, led to a situation in which it is impossible to reside properly, such as falling water from the ceiling, funging water on the wall, funging water, and prohibiting the use of electricity.
Since the defendant's pipeline construction caused the above serious water leakages in 302, the defendant is liable for damages due to the tort.
Even if there was no intention or negligence on the part of the Defendant, the Defendant is liable to compensate for damages in accordance with Article 758 of the Civil Act, as the owner of the section for exclusive use under 402, who is the owner of the section for exclusive use, resulting in water leakage in the ceiling, etc. of 302, below the lower floor
Therefore, the defendant is obligated to pay to the plaintiff the restoration expenses and consolation money of 302 and damages of 25 million won, including damages.
3. Determination
A. The following facts can be acknowledged in full view of the results of the appraiser E (hereinafter referred to as the " appraiser")'s appraisal, the fact-finding results of this court's inquiry about appraiser E, as a whole.
1 In the case of 302 front of the entrance, water leakage was not discovered as of December 2, 2016 when the appraiser appraised the site.
The heating pipes that are likely to enjoy the part of the living room of 402, the upper floor, are doubtful, but not less than three months.