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1. The Defendant’s KRW 4,264,953 with respect to the Plaintiff and KRW 5% per annum from September 28, 2014 to August 20, 2015.
Reasons
1. Basic facts
A. The Plaintiff continued to reside in Busan Shipping Daegu C and 203 Do 102 (hereinafter “102”) on November 15, 201, while owning from November 15, 201, and continuously leased the above No. 102 even after selling it on July 22, 2015, the Plaintiff continued to reside in the above No. 102 until the date of closing the argument in the instant case. B. The Defendant, holding the above No. 202, the upper house of 102 (hereinafter “No. 202”), owned from April 23, 2002, sold No. 202 to D on July 26, 2014, and resided after concluding a lease agreement that leases No. 202 from D on August 6, 2014.
C. On December 12, 2012, water leakage occurred in the main wall, bathing room, living room, and balcony under 102, and the Plaintiff continuously appealed to the Defendant for the preparation of water leakage damage and countermeasures.
However, the defendant denied the existence of water, did not cooperate in the detection of water leakage in the plaintiff and apartment management office, and did not implement any construction work to prevent water leakage.
D purchased 202 heading from the Defendant, and carried out coding operations to fill the gapss such as the vicinity of the bathing room and the surrounding areas of the bathing tank.
[Ground of recognition] A without dispute, entry of Gap evidence 1-1, Gap evidence 3 and 9, result of appraiser E's appraisal, purport of whole pleading
2. The parties' assertion
A. Since the plaintiff's assertion 202 caused damage to the plaintiff's water leakages and balcony floor defects, the defendant, a resident of 202, is liable to compensate the plaintiff for the damage caused by water leakages.
B. The defendant's assertion 102 No. 102 is irrelevant to 202, and only derived from the deterioration of the building.
3. In full view of the facts acknowledged as above, as well as the images of Gap evidence Nos. 4, 6, and 8 (including each number), and the purport of the entire pleadings as a result of appraiser E’s appraisal, the water leakage of No. 102 is the floor of the bath room owned and occupied by the defendant.