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(영문) 서울동부지방법원 2016.11.23 2015가단7160
손해배상(기)
Text

1. The Defendant’s KRW 874,00 for the Plaintiff and 5% per annum from May 1, 2015 to November 23, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the owner who completed the registration of ownership transfer on September 9, 1999 with respect to the Gangnam-gu Seoul Metropolitan Government C Apartment 1006, 107 (hereinafter “Plaintiff-owned apartment”). The Defendant is the owner who completed the registration of ownership transfer on April 15, 2009 with respect to the above 1006-dong 207 of apartment (hereinafter “Defendant-owned apartment”) and the Defendant-owned apartment is located on the upper floor of the apartment owned by the Plaintiff.

B. On September 2014, the Plaintiff visited the apartment owned by the Defendant, along with the management office staff, etc. around October 6, 2014, that caused damage, such as damage in remote areas, due to water leakage in the section of exclusive ownership of the apartment owned by the Defendant, and the Defendant did not comply with the request, although the Plaintiff filed a claim for compensation on the part of exclusive ownership of the apartment owned by the Defendant, by asserting that damage, such as damage in remote areas, was caused to the apartment owned by the Plaintiff.

C. Around August 8, 2015, the Plaintiff opened a toilet tent of an apartment owned by the Plaintiff, and performed the toilet gate construction of the apartment owned by the Defendant, the toilet urine, the sewage pipe water construction, and the toilet tent construction of the apartment owned by the Plaintiff.

As above, the water leakage in the toilets of the apartment owned by the Plaintiff, the repair of which was completed, was caused by the deterioration of the toilet drainage pipe of the apartment owned by the Defendant, and the water leakage and the water distribution contamination occurred due to the degradation of the balcony waterproof function of the apartment owned by the Defendant at the living room of the apartment owned by the Plaintiff, and the water pollution of the apartment owned by the Plaintiff is presumed to be the cause of the toilet drainage pipe of the apartment owned by the Defendant.

E. The reasonable construction cost required for repairing the water leakage and water distribution pollution, etc. that occurred from the apartment owned by the Plaintiff = KRW 874,000 in total + KRW 367,00 in the toilet repair work + KRW 170,000 in the distribution work of the water distribution work of the rest room in the ward £« KRW 170,000 in the wall and wall of the small side of the corridor, the tent, the clothes and the tent distribution work 337.

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