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(영문) 서울동부지방법원 2014.10.31 2014나2947
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion was owned by the third and fourth floors of the Dongjak-gu Seoul Metropolitan Government and D Ground E-building (the fourth floor above the ground, the first floor below the ground), based on sectionally owned co-ownership relationship, and leased it to F Co., Ltd.

However, on June 201, the defendant, who is another sectional owner, left alone without the plaintiff's permission on the ground that water sand sand is in the underground floor of the E building, without the plaintiff's permission.

At the time, the defendant damaged the waterproof layer by accompanying the floor beta, and as a result, in the 2012 Benc, the second floor and the second floor, where high water was stored in the beta of the third floor following the 2012, and water was stored below the lower floor.

For this reason, the plaintiff was engaged in a waterproof work and a eavesd installation work for the third floor, which is the damage caused by the defendant's damage to the third floor of waterproof.

Therefore, the defendant should compensate the plaintiff for damages equivalent to KRW 1.2 million of waterproof construction cost and KRW 6.6 million of the eavesst construction cost.

B. Determination of Gap evidence 2-1 to 10, Gap evidence 3, and 4 added the purport of the entire pleadings and video images, the fact that the floor beta of the E-building 3 is damaged, the water leakage occurred on the second floor of the E-building, and the plaintiff made the three-story beta leakage work and the eaves installation work.

However, it is not clear whether the Defendant damaged the third floor beer, and even according to the Plaintiff’s assertion, the number of floors has occurred for one year after the Defendant damaged the third floor beer (the fact that there was no leakage in the second floor in 201). The Plaintiff’s receipt of the cost of waterproof construction for the third floor is prepared as of May 3, 2012 before the diameter, and the tax invoice was issued as of May 20, 2013 after the first anniversary, the above evidence submitted by the Plaintiff alone is recognized to acknowledge that the Defendant damaged the third floor of beeras and caused water leakage in the second floor.

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