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(영문) 전주지방법원 2017.12.15 2016가단29663
손해배상(기)
Text

1. The defendant

(a) the rooftop floor at the same time, which is the Jinjin-gu B apartment in Jeonju-si, 301 Dong 1303.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on the ground of “sale on September 2, 2009,” under the Jeonjin-gu Seoul Special Metropolitan City District Court Decision No. 54379, Sept. 30, 2009, No. 54379, supra, with respect to the previous apartment B apartment and 301 Dong 1303 (hereinafter “instant apartment”).

B. The result of the appraiser’s investigation on the leakage of the apartment of this case is as follows.

In the case of a wall and floor JOINT, a wall and upper slives JINT, and a betts' upper part, etc., and there have been ruptures on some outer walls, etc.

Busan High Court Decision 201Hun-Ga46 decided July 1, 201

(The roof floor as of the closing date of the pleading is a temporary repair. The interior construction cost of the apartment of this case is KRW 9,807,262, which is the damages caused by water leakages, such as equal heat, etc.

[Ground of recognition] Gap evidence Nos. 1 through 6 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, and 8 and images; the result of this court's appraisal commission to the East SPP Co., Ltd.; the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the part concerning the Busan High Court on the apartment rooftop of this case, which is a common part of an aggregate building that is responsible for the Defendant, caused water leakage in the part owned by the Plaintiff, due to the defects in the construction management of the waterproof layer, and thereby, the Plaintiff sustained losses.

In order to prevent damage to the Plaintiff, the Defendant is obligated to perform water leakage prevention construction works by waterproofing the cement slab part of the instant apartment building and the water leakage due to the crack in the part of Busan Busan Metropolitan City, and the Defendant is obligated to perform the water leakage prevention construction works by compensating for the damage, and is calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from September 15, 2017, the following day following the delivery date of the application for modification of the purport of the claim and the cause of the claim, which is the amount equivalent to the repair cost due to the compensation for the damage.

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