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(영문) 부산지방법원 2015.10.30 2015나4464

손해배상(기)

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Determination as to the cause of claim

A. Determination as to a claim for property damage under Article 758(1) of the Civil Act where the liability for damages arises, the defect in the installation and preservation of a structure under Article 758(1) of the Civil Act is in a state where the structure does not have safety ordinarily according to its intended purpose. Whether such safety is satisfied must be determined on the basis of whether the installer and the custodian of the structure in question has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure (see, e.g., Supreme Court Decision 9Da39548, Jan. 14, 200). There is no dispute. In light of the overall purport of each film and pleading in subparagraphs 2 through 6, 11, 11, and 12 (including a serial number) as a whole, according to the following images and arguments: < Amended by Act No. 1908, Mar. 1, 199>

1) The Defendant’s apartment ownership No. 1008 (hereinafter “Defendant’s apartment”) is the same as that owned by the Defendant.

(2) On June 30, 2014, the Plaintiff confirmed that water leakage was generated in the Plaintiff’s toilet site for the Plaintiff’s apartment on the following floor. On June 30, 2014, the Plaintiff reported that water leakage was generated in the toilets, etc. to the apartment management office together with the Plaintiff’s owner under 808, the lower floor below the apartment. As a result of the inspection conducted by the management office of the apartment, the head of the said apartment and the specialized company, and as a result, the Plaintiff’s inspection conducted an inspection by the management office and the specialized company, the water leakage (hereinafter “water leakage in this case”).

(3) On July 16, 2014, the management office of the above apartment was aware that the above water leakage part does not constitute the common area of apartment and requested the Defendant to perform repair work. ④ At the time the Plaintiff reported water leakage to the management office, the piping connected to the change of the water leakage part of the defendant apartment toilet led to the common area of piping.