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(영문) 대전지방법원 공주지원 2017.02.02 2016가단21031
위자료
Text

1. The Defendants are Defendant C with respect to each of the Plaintiffs A with respect to KRW 1,00,000, KRW 2,000,000 and each of the above amounts.

Reasons

1. Facts of recognition;

A. Two houses of 164.34 square meters of 164.34 square meters of 164 and 164.34 square meters of 2 stories of 164.34 square meters of 2 stories (hereinafter “the instant condominium building”) located in Sinju City, are registered as an aggregate building on January 26, 1989.

The aggregate building of this case is installed between the first floor and the rooftop in the building, and the boiler room, one for each floor, is installed in the building so that the boiler room, which is a common part, can enter the stairs, and the section for exclusive use of which is 72.9 square meters on both sides, centering on stairs and boiler rooms, is installed.

The boiler rooms installed on each floor are used for the purpose of installing a boiler for the exclusive use of each floor located on both sides, and for the storage, etc. of the boiler rooms of the second floor of the aggregate building of this case (hereinafter “the boiler rooms of this case”) and the Defendants are individually managing the keys for the entry of the boiler rooms of the second floor of the aggregate building of this case.

B. The Plaintiffs are married couple, and are residing in F-owned No. 102 of the instant condominium building.

Defendant C is the owner of the same building 202, which is the upper floor of the above house in which the plaintiffs reside, and Defendant D is the owner of the aggregate building 201.

C. The number of rooms in the above 102 room, part of the room, the entrance, and the toilet were generated from the daylights. D.

From February 2015, the Defendants received the Plaintiffs’ claim, performed water leakage detection or water leakage prevention works and waterproof construction works for each section of exclusive ownership of the Defendants from February 2015, and the water leakage of the said section of exclusive ownership was partly continued.

E. On May 16, 2016, the Plaintiffs and the Defendants were performing construction work to verify the leakage of the boiler room of this case. Of course, there was found a phenomenon where the boiler floor of this case was found to have raised water level on the boiler bottom.

On June 7, 2016, Defendant C performed concrete strawing construction works on the half of the boiler room of this case, and thereafter the number of water leakages on the said 102.

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