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(영문) 서울중앙지방법원 2018.01.18 2017나37361
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is the owner of Gangnam-gu Seoul apartment (hereinafter “instant apartment”) Nos. 101, 204 (hereinafter “Plaintiff apartment”) and the Defendant is the owner of the said C apartment (hereinafter “Defendant apartment”) No. 101, 304 (hereinafter “Defendant apartment”).

B. On November 2015, the Plaintiff discovered water leakage (hereinafter “water leakage in this case”) from the entrance door of the Plaintiff apartment to the living room through the lessee of the apartment, and requested Hyundai Industrial Development Co., Ltd., a contractor, through the management office of the apartment in this case to investigate the causes of water leakage.

C. On December 19, 2015, employees D of the private ginseng construction company (hereinafter “private ginseng construction company”) who was requested to investigate the causes of water leakage from the development of modern industry visited the Plaintiff apartment and found water leakage in the ceiling of the living room corridor. On December 22, 2015, E, an employee of the external company of the private ginseng construction, visited the Plaintiff apartment and the Defendant apartment and discovered water leakages in the ceiling lighting of the living room of the Plaintiff apartment, and confirmed that water leakages occurred from the boiler of the Defendant apartment.

On December 23, 2015, F and G, an employee of the instant apartment management office, visited the Defendant apartment at the request of the lessee of the Defendant apartment and informed the Defendant of contact information to confirm the leakage of the boiler and to repair the boiler, and around the 24th day of the same month, the boiler of the Defendant apartment was repaired in a way of replacing the hot export hole and the flow pipe location part.

E. On January 22, 2016, in order to verify whether water leakage occurs due to the defect in common areas of the apartment of this case on the rooftop of the apartment of this case, a water testing test was conducted on the excellent pipes using a fire fighting string, and accordingly, the Plaintiff’s apartment does not generate water leakage.

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