손해배상(기)
1. Of the instant lawsuit, the part demanding payment of KRW 3,700,000 shall be dismissed.
2. The defendant March 2, 200
1. Facts of recognition;
A. The Plaintiff is the owner of Jongno-gu Seoul E site and the 1st underground floor thereof, detached houses, multi-family houses (hereinafter “Plaintiff’s site”) and multi-family houses (hereinafter “Plaintiff’s building”) and the Defendant is the owner of Jongno-gu Seoul Metropolitan Government F site and its ground single-story houses (hereinafter “Defendant’s site”) and the Defendant is the owner of Jongno-gu Seoul Metropolitan Government Party F site
B. The Plaintiff’s site and the Defendant’s site are partly linked, and the Defendant’s site are located in a place higher than the Plaintiff’s site.
C. From March 2018, water leakage occurred on the wall surface and floor of the Plaintiff’s building (hereinafter “instant water leakage”). D.
The water leakage of this case is caused by water inflows into the plaintiff's building located in the lower party due to the dynamics between water meters installed in the defendant's building and water supply pipes among the defendant's building.
[Ground of recognition] Facts without dispute, entry and video of Gap evidence 1 through 4, and 6 (including branch numbers for those with a branch number), appraiser H's appraisal result, the purport of the whole pleadings
2. According to the above recognition of the establishment of liability for damages, the damage from water leakage in the Plaintiff’s building G due to defects in the installation or preservation of water supply pipelines in the Defendant’s building. As such, the Defendant, as the owner of the Defendant’s building, is liable to compensate the Plaintiff for the damage from water leakage pursuant to Article 758(1)
On April 4, 2016, the Defendant: (a) leased the Defendant’s building to the Defendant, and the Defendant occupied and managed the Defendant’s building at the time of the instant water leakage; (b) therefore, the Defendant alleged that he was not responsible to himself; and (c) the “building possessor” refers to the person with the authority to repair, manage, and manage the structure in order to prevent various accidents that may arise due to defects in the construction or preservation of the structure, while de facto controlling the structure (see, e.g., Supreme Court Decision 2000Da386, Apr. 21, 200); and (d) repair and management of the water supply pipes of the Defendant’s building.