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(영문) 수원지방법원 2020.01.30 2019나71608
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Facts of recognition;

A. The plaintiff is the tenant who has resided in the member-gu B apartment (hereinafter "the apartment of this case") Cdong, Ansan-si, and the defendant is the council of occupants' representatives of the apartment of this case.

B. On January 13, 2018, the pipe part in the test valve box (hereinafter “instant pipe part”) connected to the stringr installed in Vietnam, the said C-dong 16th floor (the foregoing subparagraph D refers to the 16th floor as well as the 16th floor) went to the same wave, and the view valve connected to the pipe was cut to the same wave, which led to the fall short of the two floors of D-2 and E, which are the following floors (hereinafter “instant wave accident”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The accident of this case occurred due to the same wave of the pipe part of this case, which is the common area of the apartment of this case. The defendant, as the managing body of the apartment of this case, did not take any measures despite the duty to check and manage the fire pipe so that it does not break out, and therefore, the plaintiff is liable to compensate for the damage suffered by the plaintiff.

B. Since the piping part in the Defendant’s test valve is located in the bera zone, it is obvious that it is the section for exclusive use. Thus, the Plaintiff’s claim premised on the Defendant’s responsibility for managing the section for common use is without merit. Even if the pipe part in the instant case is the section for common use, the Defendant had guidance from time to time to time to time to take measures to prevent the wave accident to the residents prior to the occurrence of the instant accident, and there is no reason attributable

3. Determination

(a) In the event of a liability for damages (1) Corridors and stairs leading to several sections for exclusive use among aggregate buildings, and other sections provided for the common use of all or some of sectional owners in the structure, the object of sectional ownership is the section for common use;

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