beta
(영문) 의정부지방법원 고양지원 2018.02.07 2016가단88175

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties is the owner of the second floor 207 (hereinafter “the instant building 207”) in Pakistan-si, Pakistan-si, who operates a Chinese restaurant. The Defendant is the owner of the third floor 303 (hereinafter “the instant building 303”) located on the upper floor of the part 207 of the instant building.

B. Each water leakage accident occurred on December 2013, 2013, the part of the instant building 207, which resulted in water leakage, and the part of the instant building 207, i.e., a tent and a remote area above the wall colored (hereinafter “the first water leakage accident”).

(2) On June 18, 2016, water leakage occurred in water supply pipes installed under 303 of the instant building, and water leakage flows on the part of the 207 main bank, etc. of the instant building, and the remote area is changed, etc. (hereinafter “the instant water leakage accident”). The instant water leakage accident and the instant water leakage accident, including the instant water leakage accident, occurred.

C. At the time of occurrence of water leakage accidents in this case, the Defendant entered into a lease agreement with D as to subparagraph 303 of the instant building between June 2013 and D, which is between June 19, 2013 and June 18, 2014, and entered into a lease agreement between D as to subparagraph 303 of the instant building.

6. 19. Delivery to D. Since that time, D had engaged in sports massage business from 303 to 303 of the instant building. At the time of the occurrence of a water leakage accident, 303 of the instant building was occupied by D.

2 The defendant entered into a lease contract with E and F for the term from September 14, 2015 to September 13, 2016 with respect to subparagraph 303 of the building of this case, and the same year.

9. 14. It was delivered to E and F. E and F had been engaged in sports massage business from around that time to around 303 of the instant building, and 303 of the instant building was occupied by E and F at the time of the occurrence of water leakage accident.

[Ground of recognition] There is no dispute.