2018 Gohap484 Implementation of the Project

A

B

April 4, 2019

May 2, 2019

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The defendant shall perform water leakage prevention work with respect to Hosan City C Apartment D, and shall pay KRW 3,550,000 to the plaintiff.

1. The plaintiff's assertion

The water leakage in the Da Apartment-si, Busan Metropolitan City (hereinafter referred to as the "the apartment of this case") owned by the Defendant caused damage, such as drinking water, from the apartment site owned by the Plaintiff. Therefore, the Defendant is obligated to perform water leakage prevention construction on the apartment of this case, and to pay the Plaintiff KRW 50,000,000 and KRW 3,550,000,000,000 to the lessee of this case.

2. Determination

According to the appraiser E's appraisal results, the apartment in this case did not generate water, and the damage to water leakage of the apartment in the plaintiff's possession is acknowledged when the water leakage from the pipe duct (Pipe Duct) inside the apartment is causing damage to the apartment owned by the plaintiff located on the lowermost floor, so it is difficult to view the damage to water leakage of the apartment in this case's possession was caused by water leakage from the apartment in this case's possession, and there is no other evidence to acknowledge it otherwise.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

Judges Choi Jong-sung

Judges Song Jae-chul

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