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(영문) 서울중앙지방법원 2016.02.05 2015가단145045
소유권방해배제 등
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted that the plaintiff Eul had been living in the apartment of this case from October 2009, which is the husband of the plaintiff Eul and the plaintiff Eul, the husband of the plaintiff Eul, and around October 2009. The council of occupants' representatives consisting of the occupants of the apartment of this case established a water tank (hereinafter "water tank of this case") on the immediately upper rooftop of the apartment of this case around October 2012, and suffered damage from the wall of this case and the wall of this case from November 2012, 200 to the wall of this case and the wall of this case where water flows out of the ceiling, and from myi fung dust, the plaintiffs suffered damage from various diseases, such as erosion, skin, and disease, etc.

Therefore, the Defendant is obligated to remove the water tank of this case and pay the Plaintiffs the treatment costs (Plaintiff A273,200, Plaintiff B494,650, Plaintiff A), Plaintiff A totaling KRW 1,805,000, consolation money, and KRW 5 million, respectively.

2. Each of the descriptions and images of the evidence Nos. 1 and 2 Nos. 1 and 2, and the Defendant’s water tank installed on the apartment rooftop of the instant apartment complex, which led to water leakage or fruition.

Since there is no evidence to acknowledge that the damage was caused as alleged by the plaintiffs or that the damage was caused, the plaintiffs' claim is without merit without any need to examine it.

3. The plaintiffs' claim is dismissed.

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