손해배상
1. The plaintiff's appeal, expansion in the trial room, and additional plaintiff's claim are all dismissed.
2. Claim for costs of appeal.
1. Basic facts
A. The Plaintiff is the owner of 48.74 square meters on the ground floor among the real estate indicated in the attached list (hereinafter “Plaintiff’s housing”), and the Defendant is the owner of 48.50 square meters on the first floor among the above real estate (hereinafter “Defendant’s housing”).
B. The Plaintiff’s housing consists of three rooms, living rooms, kitchens, and toilets. Some of the outer walls of the inner bank consisting of the walls of each room, the windows of each room, the vicinity and the ceiling of the outer side of the living room, and the vicinity of the ceiling that was removed from the outer walls of the main bank, or there is a fung and ice phenomenon in winter around the ceiling.
[Ground of recognition] Unsatisfy, entry of Gap evidence 5 and 26, result of a request for appraisal to appraiser C by this court, purport of whole pleadings
2. Judgment on the ground of the Plaintiff’s claim
A. (1) The Plaintiff’s assertion damages damages the Plaintiff’s housing on the wind, which caused water leakage due to the defect in the Defendant’s housing. However, the amount of damages that the Plaintiff sustained was 15,094,00 won paid for repair works, etc., and the amount of other damages caused by the damage, such as 12,707,50 won, and clothes, 2,730,531,500 won, which was paid for replacing the damaged household appliances, etc., and thus, the Defendant is obligated to pay the said money and its delay damages to the Plaintiff.
(2) First of all, we examine whether the phenomenon of the Plaintiff’s housing occurred due to the defect in the Defendant’s housing.
The summary of the result of the appraisal commission for appraiser C in this court is that there was no water leakage in the floor (heating pipes, hot water pipes, etc.) of the defendant's housing, and the water ulul and fung occurring in the plaintiff's housing and the outside wall of the defendant's housing are combined with water leakage phenomenon that may occur due to the defects in the plaintiff's housing and the outside wall of the defendant's housing.