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(영문) 서울남부지방법원 2016.05.26 2016가합100325

손해배상(기)

Text

1. From July 2015, around Dong-gu Seoul Metropolitan Government D's 103-dong, it is due to the separation of the part of the public iopulmonary gate.

Reasons

Facts of recognition

The plaintiff is an autonomous management body composed of the occupants in order to manage A Apartment located in Guro-gu Seoul Metropolitan Government, and the defendant B is the occupants of the above apartment No. 103, and the defendant C are the occupants of the above apartment No. 203, respectively.

On July 2015, 2015, the waste water that flows into the household residing on the upper floor of the apartment of this case and flows into the apartment No. 103, which is a part of Defendant B’s exclusive ownership, caused an accident that causes damage to the said household’s ceiling, attached stuff, floor, etc. to the waste water (hereinafter “instant accident”).

Plaintiff

The employees of the management office of this case and the Defendants thought that, prior to being aware of the cause of the instant accident, sewage and waste water, which was used in the toilets under Article 203 of the apartment of this case, which are exclusively owned by Defendant C, was flowing into the toilets under Article 103 of the apartment of this case. At the expense of Defendant C, Defendant C performed construction to find out the cause of the instant apartment of this case by taking the bath and urine from the toilets under Article 203 of the apartment of this case. However, it was confirmed that there was no problem with the above toilets, and thereafter, it was confirmed that the accurate cause of the instant accident was caused by the separation of the drinking part of the sewage and waste pipe

Defendant B suffered damages due to the instant accident, not only the damage to the small bank remote areas as referred to in subparagraph 103, but also damage to the small bank, harassment, clothing, etc. which were in the small bank, etc., and the malodor was bad in the house extending over several months and experienced much inconvenience in living.

Plaintiff

On the side of the instant accident, KRW 3,996,00 was disbursed for the repair cost of the instant accident, and the repair of the instant accident was completed around September 7, 2015.

【Non-contentious facts, Gap 1, 2 evidence, Eul 3-10 evidence, Eul 6-1, 2, Eul 2 evidence, and the purport and scope of the entire pleadings, prior to the occurrence and scope of the liability for damages.