손해배상(기)
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the judgment of the court of first instance, in addition to the following: (a) the fourth 17th son of the judgment of the court of first instance (hereinafter “the judgment of the court of first instance”) is the same as that of the judgment of the court of first instance; (b) thus,
2. Parts to be dried;
A. The possessor of a structure is liable for compensating for damages in the first place, and the owner of a structure is liable for compensating for damages in the second place only if he did not neglect due care necessary for the prevention of damages.
In this case, the term "the possessor of a structure" means the person who has the authority and responsibility to repair and manage the structure in order to prevent various accidents that may be caused by defects in the installation or preservation of the structure in fact.
(See Supreme Court Decision 200Da386 Decided April 21, 200. Meanwhile, the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings”) belongs to the co-ownership of all sectional owners (the main sentence of Article 10(1)), and each co-owner may use the section for common use according to its purpose (Article 11). However, the matters concerning the management of the section for common use, excluding the act of preservation, shall be determined by a resolution of all sectional owners (Article 16(1)). When the relationship of sectional ownership is established with respect to a building, a management body consisting of all sectional owners for the purpose of the management of the building and its site and its accessory facilities (Article 23); the management body shall exercise or perform the rights and duties of sectional owners necessary for the common interest concerning the management and use of the building with due care of a good manager (Article 23).
(Article 23-2) is defined as follows.
In full view of the purport of the above provisions, several provisions are reviewed.