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1. The defendant
(a) KRW 1,104,022 and interest thereon shall be 15% per annum from September 21, 2017 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is an owner or possessor of the Nam-gu Seoul Metropolitan Government apartment 101-dong 108 (hereinafter “108”), and the Defendant is an owner or possessor of the same apartment 101-dong 208 (hereinafter “208”) that is the upper house.
B. From around 2017 to 108, water leakage was generated on the wall surface of toilets, warehouses, and wards (hereinafter “instant water leakage phenomenon”). As a result, fung generated in toilets, warehouses, and living rooms (108) and the mash was damaged.
C. According to the appraiser D’s appraisal result, the leakages of toilets No. 108 were revealed to be due to the deterioration of toilets No. 208, while the above C apartment was aged 24 years after completion of construction.
In order to prevent leakages of toilets, etc. 108, the floor studio of toilets 208 shall be removed and liquid waterproof construction shall be implemented, and the other days shall be reconstructed again.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 5 and 6 and images (including, if any), appraiser D's appraisal result, the whole purport of the pleading
2. The assertion and judgment
A. According to the facts of the Plaintiff’s claim for damages, the number of toilets, wards, and warehouses owned or owned by the Defendant was due to defects in the installation or preservation of structures, such as water leakages, etc. of toilets No. 208 owned or owned by the Defendant. Thus, the Defendant is the occupant or owner of the above toilets No. 208, thereby compensating the Plaintiff for damages therefrom pursuant to Article 758 of the Civil Act
According to the above evidence, the cost of repairing defects is recognized as 1,104,022 for the expenses of repairing defects in toilets, wards, storages, and storage 108,104,022. Thus, the defendant is liable to pay the plaintiff the above cost of repairing defects and the damages for delay.
Before the filing of the instant lawsuit, the Plaintiff continuously demanded the Defendant to treat the toilet waterproof treatment No. 208, but the Defendant refused to comply therewith, resulting in inconvenience in using the toilet, and thus, the Plaintiff suffered mental damage.