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(영문) 서울남부지방법원 2019.08.20 2017가단246337

손해배상(기)

Text

1. The Defendants jointly share KRW 4,110,115 with respect to the Plaintiff and the period from March 30, 2019 to August 20, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on November 13, 2006 with respect to Gangseo-gu Seoul E-Ba F (hereinafter “instant lending”).

Defendant D is the owner who completed the registration of ownership transfer with respect to the lending of this case (hereinafter “instant lending”) on June 29, 2015.

Defendant D sold the above Category B to Defendant B and C, and completed the registration of ownership transfer on August 14, 2017 with respect to each of the above Category B and C’s shares.

B. On November 2006, the Plaintiff’s H resided in the above F F, and lived as I after marriage with I on August 20, 2016. The Plaintiff’s birth between H and I, and now, H, I, and K live in the above F F. < Amended by Presidential Decree No. 27420, Aug. 20, 2016>

C. Even before Defendant D purchased the instant L Lh, the water leakage occurred in the instant L Lh’s toilets, etc.

On July 2015, the number of toilets, etc. of this case occurred, and H requested repair of the water to Defendant D, who was the owner and resident of the foregoing G at the time.

E. Around July 2017, a text message was sent to Defendant D on July 26, 2017 to the effect that water leakage occurred in the instant B-L toilets, etc., and that H sent a text message to the effect that Defendant D would be subject to water leakage detection by notifying Defendant D of the occurrence of water leakage. Defendant D sent a text message to H on July 26, 2017 to the effect that “I are not responsible for personal treatment.”

[Ground of recognition] Facts without dispute, Gap's 1 through 5, 7 through 17, 19, 26 evidence (including branch numbers), Eul's 2 to 4, Eul's 1 to 5 evidence and images, the result of appraisal by appraiser M, the purport of the whole pleadings

2. The plaintiff's assertion

A. Compensation for damages caused by the construction or preservation defect of the Ba G, thereby causing damage to the Plaintiff’s Ba F, and thereby, approximately KRW 26,927 of the construction cost for restoring water leakage damage to the Plaintiff.