손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendants are the defendants.
1. Basic facts
A. The Plaintiff is a management body consisting of sectional owners of A (hereinafter “instant building”) located in the Gangseo-gu, Busan (hereinafter “instant building”) based on the Act on Ownership and Management of Condominium Buildings (hereinafter “the Condominium Act”).
Defendant B is a person who divided ownership of Nos. 105 and 106 of the instant building (hereinafter collectively referred to as “instant room”). Defendant C was a person who leased and occupied the instant room from Defendant B.
B. On March 2015, Defendant C, with the consent of Defendant B, contracted each of the following works with F to remove the ceiling of the instant heading room, with the consent of Defendant B, and to install crowdfunding around July 18, 2015.
(hereinafter referred to as the “instant construction” in combination with each of the above construction works.
Accordingly, around March 18, 2015, in order to enhance the internal ceiling of the instant heading room, E performed the work of removing tinboards connected to the instant heading room, which is the section for exclusive use, from the 1st floor corridor (hereinafter “instant corridor”), and cutting off tinboards connected to the instant heading room, which is the section for exclusive use, and removing the iron frame, and around July 18, 2015, F performed the work of installing tinboards and steel presses on the wall abutting on the instant heading of the instant heading room and the instant corridor.
At the time of the construction of the instant corridor, there was an accident that had been damaged by arbitrarily cutting off the stone table and steel frame in the instant corridor site.
(hereinafter referred to as the "accident of this case"). / [The ground for recognition] The fact that there is no dispute, each entry or video of evidence A1, 2, 6, 7, and 8 (including each number), part of witness E of the trial witness, the result of the on-site inspection by this court, the purport of the whole pleadings.
2. The parties' assertion
A. The Defendants, without permission, damaged the ceiling of the instant corridor corresponding to the section for common use of the instant building during the process of the instant construction, thereby resulting therefrom.