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(영문) 서울중앙지방법원 2016.10.13 2015가합24190
손해배상 등
Text

1. The Defendant’s KRW 5,750,000 as well as annual 5% from November 7, 2015 to October 13, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. 1) Multi-household housing of 1 underground and 4th above ground in Gangnam-gu Seoul Metropolitan Government (hereinafter “multi-household housing in this case”).

(2) The Plaintiff is the owner of the instant multi-household 101 from November 16, 2006, and the Defendant purchased the instant multi-household 202 from D on March 19, 2015 and completed the registration of ownership transfer on June 19, 2015, and resides there from around June 29, 2015.

B. On August 2015, in the instant multi-household 202, water leakage occurred from the floor of the bath room of the instant multi-household 202, and next floor 101 of the instant multi-household 101, which is the next floor, suffered damage, such as ice grosation, etc. in each ceiling of the bathing room, the inside room, and the small room.

C. On September 4, 2015, the Plaintiff confirmed that “The causes for leakages occurred in the instant multi-household 101 are 202” to the Defendant.

Accordingly, on October 1, 2015, the Defendant removed the floor to strengthen the living room of the instant multi-household 202, and conducted an inspection of water leakage of water supply and drainage systems, hot water, and heating pipes from October 2, 2015 to the following day, and on October 5, 2015, the Defendant did not discover any specific water leakage phenomenon in each of the above parts, thereby implementing the waterproof construction of the floor of the bathing room of the instant multi-household 202 on March 5, 2015.

As above, the number of multi-household 101 of this case’s multi-household 101 was gradually decreased since the Defendant implemented the waterproof Construction of Bathrooms floor of this case’s multi-household 202, and the number of multi-household 101 currently does not occur.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3, 5, Gap evidence 7-1 to 8, Eul evidence 1, 3, 4, 7, and the purport of the whole pleadings

2. The Plaintiff’s assertion that water leakage occurred in the bathing floor, etc. of the instant multi-household 202, which is below the Plaintiff’s assertion, and water leakage occurred, such as bathing rooms, kitchen rooms, and small banks.

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