(영문) 서울동부지방법원 2019.11.14 2018가단6571

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(영문) 서울동부지방법원 2019.11.14 2018가단6571

손해배상(기)

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1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. While the Plaintiff’s assertion was residing in Songpa-gu Seoul Metropolitan Government B Apartment (hereinafter “instant apartment”) D (hereinafter “Plaintiff’s residence”), due to the power failure of the daily sewage pipe corresponding to the common area of the instant apartment, the Plaintiff’s residential area and its underground water was generated.

Therefore, the defendant B apartment council of occupants' representatives (hereinafter referred to as the "the defendant council of occupants' representatives") is liable to compensate the plaintiff for the total amount of KRW 43,065,00,00,00, which is the damage suffered by the plaintiff due to water leakage of common areas, and the damage amounting to 3,980,000, which is the damage amounting to 27,550,000, internal repair expenses, and the causes for water leakage by the defendant council of occupants' representatives were caused by the defects in heating pipes, etc., and the plaintiff's representative council of occupants' representatives erred by the mistake that the plaintiff caused water leakage of the plaintiff, and the defendant C is jointly and severally liable to compensate the plaintiff for the damage.

B. The fact that water leakage was generated in the Plaintiff’s residence is not disputed between the parties, but the evidence submitted by the Plaintiff alone was caused by the defect of the public sewage pipe, etc. of the instant apartment that belongs to the section for common use of an aggregate building.

It is insufficient to recognize that the Defendants’ failure to manage the section for common use is due to the Defendants’ failure, and there is no other evidence to acknowledge it.

Therefore, it is difficult to accept the Plaintiff’s claim for damages on the premise that the Plaintiff sustained damages due to defects in common areas of the apartment in this case.

2. Therefore, the plaintiff's claim against the defendants is dismissed. It is so decided as per Disposition.

유사 판례

-서울중앙지방법원 2018.01.18 2017나37361

-서울북부지방법원 2014.11.07 2014나2790

-전주지방법원 2016.01.14 2015가단33528

-서울중앙지방법원 2019.08.22 2019나23144

-서울중앙지방법원 2017.09.19 2017나14085