채무부존재확인
1. The Plaintiff (Counterclaim Defendant) paid KRW 9,897,014 to the Defendant (Counterclaim Plaintiff) and its related thereto from June 24, 2019 to January 15, 2021.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The plaintiff is the owner of the apartment C apartment unit D in Kimhae-si, and the defendant is the owner of the above apartment E who is the next floor below.
B. On June 23, 2019, water leakage occurred in the kitchen of an apartment owned by the Plaintiff, there was a phenomenon of blocking the kitchen kitchen of an apartment owned by the Defendant, and there was a damage caused by the kitchen of an apartment owned by the Defendant, such as a cooling house and a cooling house.
【Unfounded Grounds for Recognition】 Facts without dispute; Gap evidence Nos. 1 and 2; the result of a commission of appraisal to appraiser F Co., Ltd. by this court; the purport of the whole pleadings
2. According to the fact of the occurrence and scope of the liability for damages and the above recognition, the damage from the leakage of apartment owned by the defendant was derived from the water leakage of the apartment owned by the plaintiff, so the plaintiff is the owner of the structure and is liable to compensate the defendant for the damage from the water leakage of the above apartment.
1,150,852 Bads 176,911 Bads 1,403,532 Electric Construction 1,674,905 Bads 1,000 Bads 1,000 Bads 1,000 and 1,296,78,175,157 Bads Bads Bads 1,296,782 Mods 7,471,939 further considered the scope of compensation for damages.
According to the above evidence, the construction cost to recover water leakage damage of apartment owned by the defendant is a total of 7,471,939, and the value of air conditioners damaged by water leakage of apartment owned by the plaintiff is 843,555,00 won (the result of appraisal is not accepted because it is not the price of re-financing of the same model as the air conditioners owned by the defendant). The value of the mother house is 132,112, and there is a fact that the construction cost is 1,449,408,00 won during the construction period.
In general, the plaintiff is included in the installation cost of the removal of the existing damaged part in the reconstruction or repair work which is not a new construction work. Since there are separate items for the installation cost, the plaintiff recognizes the temporary construction cost and the wooden construction cost.