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1. The Defendant: (a) 23,855,529 won to Plaintiff A and 5% per annum from June 11, 2019 to September 17, 2020; and (b)
Reasons
1. Basic facts
A. The Plaintiff A owns Fho Lake (hereinafter “Fho”) from November 16, 2007, among the apartment houses of the second floor of Jongno-gu Seoul E-Sromentic mentment Group Srove shelf, Jongno-gu, Seoul, and the two floors until then.
B. Nonparty G owned Hho among the above row housing (hereinafter “H”) from December 24, 1984 to April 12, 2015, and thereafter, Nonparty G owned the said housing and resided in H.
C. Plaintiff B entered into a lease agreement with Plaintiff A on F, and is residing in F as well as with his/her family from October 29, 2012 to October 201.
Since the Defendant acquired the ownership of H, water leakage has occurred repeatedly from the toilet floor of H, and as a result, damage from water leakage has occurred in the living room, kitchen, bank, safe room, small bank, wall, and floor of H. F.
[Based on Recognition] Evidence Nos. 4-1, 2, 6-9, 12-1 through 4, 15-17, 23-3, 4, 25-1, 26, 64 through 73, and 10-1, 25-2, 26, and 64-73, the result of appraiser I’s appraisal, the purport of the whole pleadings
2. Whether liability for damages arises;
A. According to the above facts, the defendant is liable for compensating the plaintiffs for damages, since it is recognized that the defendant, as the occupant and owner of subparagraph h, who is a structure, caused damages to the plaintiffs due to defects in the installation or preservation of structures.
B. As to this, the Defendant removed the walls between the dwelling space referred to in F and Vietnam, and thereafter constructed the toilet pipeline of H around 201. The occurrence of water leakage from the toilet floor of H was caused by the Plaintiff’s removal of the bearing wall of F and the Plaintiff’s removal of the wall of H and the toilet pipeline, or the Plaintiff’s error in the construction of H and H toilet pipeline, and thus, the Defendant’s liability for damages cannot be permitted against the principle of good faith.