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(영문) 광주지방법원 2015.07.03 2015나2733
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. Basic facts

A. On July 30, 2012, the Plaintiff purchased Sejong-si B apartment 101 Dong 1202 (hereinafter “instant apartment”) and completed the registration of ownership transfer on September 17, 2012.

B. The apartment of this case is located on the top floor, and water was found as the ceiling of the apartment of this case due to the leakage of the apartment rooftop.

C. On November 19, 2013, December 9, 2013, 2013, and January 6, 2014, the Plaintiff sent to the head of the office of managing B apartment as a result of damage, such as fungum, fungum, fungum, floor subsidence, etc., on the apartment of the instant apartment, demanding a rooftop waterproof on several occasions, but as such, damage was not caused by the cause of damage until now, the Plaintiff issued a certificate of the content that “the Plaintiff demanded the head of the relevant apartment management office of the instant apartment of the instant apartment of the instant apartment of the rooftop, such as fungum, ar

On January 23, 2014, the Director of the B Apartment Management Office issued to the Plaintiff a certificate of the content that “B apartment is to carry out rooftop waterproof construction immediately if the reserves for long-term repairs are accumulated to the extent that they can carry out construction works, as a result of urgent discussions by convening the council of occupants’ representatives, using the long-term repair appropriations currently accumulated in the elevator replacement work and painting work, and using the long-term repair appropriations for which approximately 23 years have elapsed since they moved in, “B apartment will carry out rooftop waterproof construction immediately if they are accumulated to be able to carry out construction works.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, evidence 1 to 3, Eul evidence 5, 7 to 9, the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff’s assertion demanded the Defendant to notify the rooftop water problem several times and take prompt measures, the Defendant delayed the rooftop waterproof construction work, resulting in fung, etc. in the main stream of the instant apartment site and the wall of benda, and the floor of the kitchen scam was invaded.

The defendant shall be the occupants such as the plaintiff.

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