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(영문) 서울중앙지방법원 2020.04.10 2019가합406

손해배상 등 청구의 소

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff owns 1/2 shares of the building listed in attached Table No. 1 (hereinafter “Plaintiff’s building”) and Defendant B owns the building listed in attached Table No. 2(a) (hereinafter “Defendant’s building”).

B. A water tank is installed on the third underground floor of the Defendant building (hereinafter “water tank of the Defendant building”).

The land listed in attached Table No. 3 (hereinafter “Defendant’s land”) which is the site of the Defendant’s building is installed with air conditioners and hot winders used in the Defendant’s building. Among them, three air conditioners and one air conditioners outside the air conditioners (hereinafter “the outdoor air conditioners of Defendant’s building”) are installed between the Defendant’s building and the Plaintiff’s building.

In the out air of the defendant building, a certain amount of water is generated according to the use of air conditioners or hot air conditioners.

C. During the period from July 2018 to November 201 of the same year, water leakage occurred in the part of the floor of the toilets and living rooms in the Plaintiff’s building D, and around May 2019, water leakage occurred at the same place of the Plaintiff’s building.

(hereinafter “instant number”). 【Unsatisfying the grounds for recognition” 【Unsatisfy, Gap evidence Nos. 1, 2, 4, and 6, Eul evidence Nos. 1, 2, and 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. The water leakage of this case due to defects in the Defendant’s building or its appurtenances is generated from the use of air conditioners or hot air conditioners. Nevertheless, the water leakage of this case was generated in the Plaintiff’s building because the water tank itself or its pipes were ruptured, water supply facilities, heating facilities, hot water pipes, etc., due to the deterioration of the Defendant’s building.

3. The defendant building.