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(영문) 서울서부지방법원 2019.02.21 2018나1456
손해배상(기)
Text

1. The part on the recovery of appearance among the counterclaims filed by the Defendant (Counterclaim Plaintiff, Appointed Party) in this Court shall be dismissed.

2...

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. The Plaintiff acquires Yongsan-gu Seoul Metropolitan Government and Multi-household Housing Building E (hereinafter “instant building”) 2nd floor G (hereinafter “Gho”) in a voluntary auction process, and completed the registration of ownership transfer on March 31, 2015, and the Defendant and the Selected C are co-owners of the third floor H of the instant building located immediately above G (hereinafter “H”).

B. B. B. Vac in front of a ward in Hho Lake (hereinafter “Vac”), can access only a space created by narrowing the upper floor above the lower floor below the lower floor of the instant condominium building (see attached Form 1) and through H, residents other than the residents of Hhoc may not use it.

The lower part of the bedrooms of this case is located in the bedrooms, wards, and main rooms of G. G.

(See Attached Form 2 c).

After purchasing G, the Plaintiff discovered water from the bed room, the living room, and the bed of the kitchen while inspecting the condition of the building for lease (attached Form 1, 2). The appraiser I presented the appraisal opinion that the above water leakage was the main cause of the destruction of the flood control layer below the bedra floor of this case, and that a large quantity of water inflows and defects deepened due to the strongest phenomenon of bedra.

After the judgment of the court of first instance was rendered, the Defendant (hereinafter “Defendant”) performed a waterproof construction work from June 4, 2018 to June 8, 2018.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 8, 9 (including paper numbers), Eul 8, 11, 27, 29 (including paper numbers) and the result of appraisal by appraiser I of the first instance trial, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion G heading rooms, wards, and the ceiling of the kitchens are due to defects in the installation and preservation of the Vietnam, the Defendant and the Selection Party C jointly cooperate with the Plaintiff as to the amount equivalent to KRW 28,500,000 per month during the period from May 1, 2015 to June 30, 2018, and KRW 28,500,000 per month during the period from May 1 to June 30, 2018.

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