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(영문) 서울남부지방법원 2020.12.17 2019가단215955

손해배상(기)

Text

The defendant's KRW 15,88,018 against the plaintiffs and 5% per annum from April 12, 2019 to December 17, 2020.

Reasons

1. Facts of recognition;

A. The plaintiffs are the owners of the Yangcheon-gu Seoul Metropolitan Government D apartment E-dong F, and the defendant is the owners of the same apartment E-dong G, the upper house of the plaintiffs.

(hereinafter referred to as the above apartment E-dong) is the apartment of this case. B

The apartment of this case is an apartment of the 5th floor reinforced concrete structure of the 5th floor constructed around October 1986.

C. Around February 2014, the Plaintiffs discovered that water has come to the kitchen due to water leakage in the process of purchasing the apartment F head of the instant apartment and repairing the interior interior interior interior interior interior interior, and that fung has been reproduced on the ceiling and the wall.

The Plaintiffs known the Defendant as to the water leakage, and the Defendant discovered water leakage around February 2014, February 2018, and January 2019, and performed the replacement of the heating distribution apparatus of the Washington around November 2014, and performed the work of replacing the heating distribution apparatus of the Washington; around November 2016, the Defendant discovered water leakage around February 2018; the Defendant accepted the heating distribution system around March 2018; and the heating distribution system was installed around February 2019.

E. However, even after the instant lawsuit was brought, the number of persons continued to occur.

F. As a result of the appraisal, appraiser H’s water source, the fact that the apartment G heating pipes of the instant apartment case were leakageed was confirmed.

G. During the period from August 2020 to November 1, 2020, the Defendant performed the work of replacing the existing heating pipes in the instant apartment G with a new pipe, and thereafter, the number of copies does not accrue by the closing date of pleadings.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 24, Eul evidence Nos. 1 through 6, appraiser H's appraisal result, the purport of the whole pleadings

2. According to the above fact of recognition of liability for damages, the defendant is liable to compensate the damages suffered by the plaintiffs due to leakages caused by defects in the construction and preservation of the above building, unless there are special circumstances, as the owner of the apartment building G of this case.

However, the apartment of this case was completed around October 1986 and about 34 years have passed.