손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that the Plaintiff operated the Music Institute under the building C (hereinafter “instant building”) D in Sungnam-si, Sungnam-si, and the Defendant is the owner under subparagraph 5 of the instant building. On June 22, 2014, the Plaintiff caused an accident in which the water pipe inside the water pipe (hereinafter “instant water pipe”) was separated, which is the exclusive part under subparagraph 5 of the instant building, (hereinafter “instant accident”), thereby causing damage to the Plaintiff, such as the repair cost of the interior facilities, the cost of the high-priced equipment, etc., the damage to the Plaintiff’s students, and the decrease in students, etc., due to the inundation of water leakage private teaching institutes, which caused damage to the interior facilities, the cost of the installation, the cost of the high-priced equipment, and the damages for delay.
2. According to Gap evidence No. 5 (including the provisional number; hereinafter the same), the plaintiff's claim against the council of occupants' representatives of the building of this case was dismissed on the ground that the plaintiff filed a claim for damages against the council of occupants' representatives of the building of this case (this court 2016Gadan208531), and lost the plaintiff's claim (this court 2016Gadan208531), although it is acknowledged that the plaintiff's notice of lawsuit was served on the defendant, the participating effect between the plaintiff's notice of lawsuit and the defendant's main owner is only a factual and legal judgment that forms the basis for the conclusion of the final and conclusive judgment, which can be asserted or disputed for common interests with the defendant's main owner (see Supreme Court Decision 2002Da33540, Apr. 28, 2004). Thus, in the front line, the plaintiff's claim was rejected on the ground that the water pipe of this case fell under exclusive part No. 5 of the building of this case.