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(영문) 울산지방법원 2018.12.18 2017가단62909

손해배상(기)

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1. The Defendants jointly share KRW 4,367,00 with respect to the Plaintiff and KRW 5% per annum from October 5, 2016 to December 18, 2018.

Reasons

1. Facts of recognition - The Plaintiff is a co-ownership share holder of 1/2 shares in the shares of 1/2 of the 1/2 shares in Ulsan-gu D-based neighborhood living facilities (hereinafter “Plaintiff’s building”).

- The Defendants are the right holder of the share of 1/2 shares in each of the four-story neighborhood living facilities and housing units on the ground attached to the Plaintiff’s building (hereinafter “the Defendant’s building”).

- Around October 5, 2016, the Plaintiff’s building was destroyed by covering the upper part of the Plaintiff’s building (hereinafter “the instant accident”) with the strong wind with the strong wind with the strong wind of typhoons (hereinafter “the outer part of the building”) and then removed and destroyed by removal around April 2017.

- As of 2016, the market value of the Plaintiff’s building is KRW 8,734,00.

[Ground of recognition] Unsatisfy, Gap's statements and images (including, if any, a serial number) in Gap's evidence Nos. 1 through 5, each fact inquiry results against the Ulsan Metropolitan City Jung-gu and the fire defense headquarters, the purport of this Court before oral argument

2. The assertion and judgment

A. The Plaintiff asserts that the instant accident was caused by the failure to satisfy the stability to be equipped with the Defendants’ outer wall, and that the Defendants are liable for damages as the owner and manager of the building.

The defendants asserted that the accident of this case is only due to the force majeure of an unexpected natural disaster.

B. (1) Determinations are as follows: (a) Defect in the installation and preservation of a structure under Article 758(1) of the Civil Act refers to the state in which a structure does not have ordinary safety in accordance with its intended purpose; and (b) such safety.