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(영문) 대구지방법원포항지원 2017.09.26 2016가단104430

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 1,235,906 and the interest rate of KRW 15% per annum from August 29, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the North-gu C Apartment 110 Dong-dong 801 (hereinafter “Plaintiff apartment”) at the port of one, and the Defendant is the owner of the same apartment 10 Dong-dong 901 (hereinafter “Defendant apartment”).

B. At present, among the plaintiff apartment buildings, there is a trace of pollution caused by water leakage in the ceiling of the living room, the inner bank and the living room, the excellent pipes, and the balcony slives.

C. The main contents of the above C Apartment Management Rules are as follows:

C Apartment Management Rules [Attachment 2] Scope of Exclusive Parts

1. A tent floor and wall: A wall used exclusively for the finishing part inside a household;

2. Stop gates and windows (including balcony windows): Facilities, such as door trussess, even and trial equipment ancillary thereto;

3. Parts installed with pipes distribution lines and pipes, and parts installed in the exclusive part as prescribed in subparagraph 1 of the facilities attached to the other building: Provided, That the pipes distribution lines, etc. used by not less than two households shall be the section for common use;

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 3, witness D's testimony, appraiser D's appraisal and supplement, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff is liable to pay the plaintiff damages amounting to KRW 1,235,906 and the delay damages amounting to the plaintiff, since there was an error in managing the excellent pipes installed in the balcony, which is the part of the defendant's apartment building, and the "water pipe for drainage," which is the part of the defendant's apartment building, and as a result, damages such as the pollution of the part of the living room, the inner bank and the living room walls, the excellent house and the living room slab. Accordingly, the defendant is liable to pay the plaintiff the damages amounting to KRW 1,235,906. Accordingly, even if the water leakage of the plaintiff's apartment occurred due to the excellent escape in the plaintiff's apartment, and even if the water leakage occurred due to the excellent pipe of the defendant's apartment building, it is an apartment common part