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(영문) 수원지방법원 2016.09.02 2015나42282
손해배상청구 등
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall indicate the annexed drawings in each real estate listed in the attached list at the point.

Reasons

1. Basic facts

A. The Suwon-si C building in Suwon-si (hereinafter “instant building”) is an aggregate building consisting of one underground floor and four above ground floors.

B. The Plaintiff is the owner of Nos. 101, No. 102 (hereinafter “the Plaintiff’s exclusive ownership”), 3, and 4th floor among the underground floors of the instant building, and operates a parking lot on each floor. The Defendant is a non-corporate body composed of sectional owners or lessees of the 1,2nd floor and second floor buildings for the management of the instant building.

C. Wastewater generated from each floor of the instant building has been treated as a purification tank installed on the first floor of the instant building, and has been treated as an external discharge pipe through the discharge pipe. While part of the Plaintiff’s section for exclusive use in the instant building was installed with pipelines and sewage discharge pipes flowing into a septic tank, the sewage generated from each floor of the instant building was installed.

The Defendant shall close the septic tank for the purpose of reducing costs incurred in the management of the septic tank in accordance with the existing sewage treatment method, the operation of a terminal for the discharge of sewage, etc. and the convenience in the management of the building, and shall decide to revise the sewage treatment method by the method of discharging wastewater immediately from each floor of the instant building without going through the septic tank. On March 2014, the Defendant newly installed and manages the pipes for directly discharging sewage as described in Paragraph 2 of the Disposition (hereinafter “instant sewage discharge pipe”). The Defendant did not obtain the Plaintiff’s consent in relation to the installation of the instant sewage discharge pipe.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 5, 14, 15, and 16 (including serial numbers; hereinafter the same shall apply) and images, the result of on-site inspection by the court of first instance, the purport of the whole pleadings

2. The assertion and judgment

A. According to the judgment of the court below as to the cause of the claim, the defendant is the plaintiff's on the ceiling of the part of exclusive ownership of the plaintiff.

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