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(영문) 대전지방법원 2016.08.18 2015가합3147
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is as follows: “A. The Plaintiff is the owner of Seo-gu Seoul Apartment 2, 103, and 103 (hereinafter “103”), and the Defendant is the owner of the above-story 203 (hereinafter “203”). B. The Defendant claims compensation of KRW 81,70,000 for damages to the Plaintiff, the owner of 103, as water leakage occurred in the toilets, which are the part of exclusive ownership under subparagraph 203 (hereinafter “the above-story 203”) (= KRW 400,000,000,000,000,000,000,000,000,000,0000 won, including electronic equipment and furniture for making a living room up to 4,660,000 won, and KRW 3,50,000,000,000,000).

2. According to the appraisal results of appraiser D, it is reasonable to view that the causes of water leakage, which caused damage to 103, are the infiltration of rainwater due to the damage of the entrance part located on the rooftop, structural deficiencies, flood control failure, tidal walls rupture, etc., located on the joint-use rooftop.

Therefore, the plaintiff's claim based on the premise that the above leakage occurred in the section of exclusive ownership of 203 is without merit.

3. The plaintiff's claim for conclusion is dismissed for reasons.

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