손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts recognized;
A. The Plaintiff is the owner of Nos. 601 and 602 (hereinafter “Plaintiff’s section for exclusive use”); Defendant B is the owner of Nos. 701 and 706 (hereinafter “Defendant’s section for exclusive use”) of the instant building among the 11th floor building of Bupyeong-gu Incheon Metropolitan Government D (hereinafter “instant building”); and Defendant C is a person who leases and operates the Defendant’s section for exclusive use.
B. The Plaintiff leased the Plaintiff’s section for exclusive use to E and operated a private teaching institute at the same place, and the Plaintiff’s section for exclusive use occurred in the ceiling, etc.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2, and 2-2, the purport of the whole pleadings
2. From April 2013, the Plaintiff’s assertion that water leakage occurred in the ceiling, etc. of the Plaintiff’s portion of exclusive ownership until now. Since the water leakage is caused by the defect in the construction and preservation of the Defendant’s portion of exclusive ownership, the Defendants, the owner and occupant of the Defendant’s portion of exclusive ownership, demanding the reduction of the rent on the ground of water leakage, which is the lessee, and thus, the Defendants are obliged to compensate for the damages incurred by the Plaintiff (the amount calculated by the ratio of the rent to KRW 1250,00 per month, which is the 1.52 of the rent of the Plaintiff’s portion of exclusive ownership, until the water leakage and outer wall construction would not occur).
3. The defect in the installation or preservation of a structure under Article 758(1) of the Civil Code, which means the condition in which the structure itself lacks ordinary safety, and the burden of proving the existence of the defect is the victim.
In this case, the following circumstances, namely, the Plaintiff’s portion of exclusive ownership, as well as the wall and ceiling on the part of the Defendant’s portion of exclusive ownership, are generated, and the eight and nine floors, which are the upper floor of the Defendant’s portion of exclusive ownership, are the following: (a) the result of the on-site inspection by the instant court; and (b) the result of the appraiser F’s appraisal by the appraiser F, based on the overall purport of the pleadings.