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(영문) 서울남부지방법원 2016.04.28 2015나55446
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 7,536,00 against the Plaintiff and its related thereto, from May 2, 2014 to April 28, 2016.

Reasons

1. Occurrence of liability for damages;

(a) The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of Gap evidence 1 (including paper numbers), Eul evidence 5, Eul evidence 4 (including paper numbers) and the purport of the entire pleadings as a result of the appraisal by the first instance appraiser C.

(1) The registration of ownership transfer was completed on December 18, 1998 with respect to Eg Loans located outside Gangseo-gu Seoul Metropolitan Government D and one parcel (hereinafter “the instant condominium”). As to the fourth floor 401 (hereinafter “the instant condominium”), the registration of ownership transfer was completed on February 22, 2010 (the transaction value of KRW 197 million) and again on May 9, 2014 (the transaction value of KRW 180 million), and the registration of ownership transfer was completed on May 9, 2014 (the transaction value of KRW 182 million) and the registration of ownership transfer was completed on November 1, 2012 with respect to the third floor 301 (hereinafter “the instant condominium”).

(2) The Defendant continued to reside in the house above the above floor until the sale to F, and the Plaintiff continued to reside in the house below the above floor. On January 10, 2013, which was two months after the purchase (hereinafter “the water in this case”). In fact, the damage caused by fungi in the ceiling and part of the wall in the middle of the middle of the school at the lower floor below the above floor and the damage caused by mathi damage was confirmed to have occurred due to the water in this case and other indirect causes caused by the water in this case and other indirect causes, which occurred due to the damage of a matcing for the prevention of water leakage while the public bath connected to the wall of the family toilet at the above floor.

(b) The defect in the installation or preservation of a structure under Article 758(1) of the Civil Act as the owner of a structure refers to a state in which the structure itself lacks ordinary safety, and there is the burden of proving the existence of the defect to the victim, but it is recognized that there is any defect once.

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