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(영문) 서울중앙지방법원 2016.12.07 2016나35122
손해배상금
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 Seongdong-gu Seoul Metropolitan Government 107dong 1103 (hereinafter “Plaintiff’s exclusive ownership”), and the Defendant is the owner of the above apartment No. 1204 (hereinafter “Defendant’s exclusive ownership”).

B. On May 4, 2015, the Plaintiff visited the Defendant’s house in order to discover flooding caused by water leakage in the south bank of the Plaintiff’s exclusive ownership and to grasp the cause of water leakage through the management office. However, the Defendant did not cooperate therewith.

C. On June 16, 2015, the Defendant discovered water leakages of the drainage pipe part of the Defendant’s section for exclusive use and discovered water leakages from the Defendant’s section for exclusive use, and thereafter, the water leakages of the Plaintiff’s section for exclusive use became dead.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The reasoning of the court’s explanation on the occurrence and scope of liability for damages is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. As such, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just as it is concluded, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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