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(영문) 서울중앙지방법원 2020.11.12 2019가단5155564
손해배상(기)
Text

1. The Defendant: (a) from July 12, 2019 to Plaintiff A, KRW 15,995,370, and KRW 1,00,000, respectively, and each of them.

Reasons

1. Facts of recognition;

A. The status of the party and the current status of the instant house 1) Plaintiff A is the owner of the 1/2 share of the first floor F of Seocho-gu Seoul EFC (hereinafter “the instant house”). The Defendant is the owner of the second floor G of the instant 2nd floor, the upper floor of the Plaintiffs. The instant house was owned by the Plaintiff, along with the Plaintiff Company A, and the Plaintiff B, and C, who were their offsprings, were born on August 2017, 201. (2) around September 1986, 196, the instant 2nd floor of the instant 2nd floor of the instant house, which was built to preserve ownership, and the registration of ownership was completed, and there were two-story structures of the 2nd floor of the instant house, which were owned by H and the Defendant’s G.

On the other hand, the exclusive area on the registry of the instant house is a relatively narrow house with 48.64 square meters.

B. On April 10, 2017, the Plaintiffs discovered water leakage phenomenon inside the inner wall of the wall of the instant house (hereinafter “water leakage in this case”) and confirmed the inner wall of the instant site by releasing bululum. As a result, the Plaintiffs were fung fung in depth from the ceiling of the wall to the bottom of the wall.

C. The result of the water leakage inspection of the instant house and delayed repair 1) immediately after finding the water leakage of the instant case, the Plaintiffs immediately known the fact of water leakage to the Defendant, the owner H, the lessee J, and the owner of G, who is the owner of the instant house. 2) Upon the Plaintiff’s request to verify water leakage, the result of the water leakage detection inspection conducted by three water leakage detection business entities on June 11, 2019, there was a result of the inspection that there was a water leakage source in the Defendant’s G, the other two places (L, and M) in the first place (K) and G.

Of them, M of the water leakage detection company pointed out that the toilet walls and floor waterproof layers in I and G are water sources.

3. The defendant is notified of the results of the detection of leakage by three companies from the plaintiffs, but "it is while finding the present causes, so it is necessary to receive an expert's diagnosis and then disclose the position."

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