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(영문) 서울서부지방법원 2019.01.17 2018가단227172
손해배상(기)
Text

1. The Defendants jointly share KRW 3,960,000 to the Plaintiff and Defendant B with respect thereto from November 12, 2017, and Defendant D.

Reasons

1. Facts of recognition;

A. The Plaintiff, including the relationship between the Plaintiff and the Defendants, is the owner of Yongsan-gu Seoul Metropolitan Government E-Housing (hereinafter “Plaintiff Housing”), and Defendant B owned the said E-Housing G (hereinafter “Defendant’s Housing”) and completed the registration of ownership transfer to Defendant D on June 16, 2017.

Plaintiff

Housing is a long-term house of the Defendants, and the smaller part of the Plaintiff’s housing is the toilet part of the Defendants’ housing.

B. On November 201, 2013, the occurrence of the water leakage accident in the instant case, water flows out from the small bank located in the Plaintiff’s housing (hereinafter “water leakage accident in this case”), and as a result, the Plaintiff suffered water damage from water leakage in the wall of the small bank and the wall of the stairs room located in the lower bank in the Plaintiff’s housing.

C. 1) After examining the appraisal of this Court, appraiser I of this Court opened the small bank mix of the plaintiff's house, since water leakage has occurred at the ceiling slives of the entrance door, it seems that the paper marity of cement contained in concrete has a approximately 3 to 4 cm range, and it is clear that the defendants' water leakage occurred from the slives floor of the plaintiff's house, and the leakage to the small bank slives of the plaintiff's house is clearly revealed. 2) The repair cost of this case 3.96 million won in total [including the small repair cost of the plaintiff's house 2,426,60 won in total (including the water exploration cost) + the repair cost of the wall slives room £« 477,400 won in total £« the repair cost of the defendant's house waterproof construction cost of 1,056,000 won in total.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, and 5 (if there is a tentative number, including branch numbers; hereinafter the same shall apply), Eul evidence 1, 2, and 5; Eul's statements and images; the result of this court's commission to appraiser I by the appraiser I; the purport of the whole pleadings

2. Liability for damages and occurrence of obligation not to obstruct access;

A. The Plaintiff’s assertion that the instant water leakage accident occurred due to the defect in the construction and preservation of the Defendants’ housing. As such, Defendant B is the Plaintiff’s expenses for waterproof construction at the small housing site, one million won.

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