beta
(영문) 서울중앙지방법원 2016.02.25 2014가단16409

손해배상(기)등

Text

1. The defendant shall indicate the plaintiffs on the attached drawings 1, 2, 3, 3, 300 among the 301 of the third floor of the Seocho-gu Seoul Metropolitan Government 5th floor housing.

Reasons

1. Facts of recognition;

A. Plaintiff A is the owner of Seocho-gu Seoul Metropolitan Government D (Road Name Address: E) 201, Plaintiff B is the first floor 101, and the third floor 301 (hereinafter “instant housing”) among the same housing.

B. The water leakage leads to 101,000,000,000,000,000 among the instant housing, that is, drawings indication 7, 4, 5, 6, and 7 of the attached drawings, which are the Defendant’s exclusive section for exclusive use. This is presumed to be due to drawings indication 1, 2, 3, 4, 4, 7, 1, and 1, which connects each point of the instant housing, as well as drawings indication 1, 2, 3, 3, 4, 7, 1, and 1, which connects each point of the instant housing.

C. The Plaintiffs requested the Defendant to take appropriate construction measures on the water leakage as above several times prior to the instant lawsuit, but the Defendant did not comply with the cause of water leakage due to the defect in common areas, such as joint pipes, and the aforementioned water leakage phenomenon continues until the date of closing argument in the instant case where water is used at the public bath and the public room.

[Basis] Evidence Nos. 1 through 3, evidence Nos. 10-1, 12, 19, evidence Nos. 25-1 through 25, 29-1 through 44, 30-1 through 17, 30-1 through 31, and 30-1 of the evidence Nos. 30, witness F's testimony, results of the appraisal by the court appraiser G, inquiry inquiry report, the whole purport of the pleading [Evidence Evidence] Nos. 2 and 5

2. Determination on the cause of the claim

A. According to the above fact of recognition of liability for damages, the defendant is the owner of the housing of this case and is responsible for compensating the damages suffered by the plaintiffs due to the defect in the construction and preservation of waterproof water, etc. as above.

Furthermore, according to the health room and the results of the above appraisal, in the case of 101, a bath room and a ward for the recovery of water leakage damage.