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(영문) 서울북부지방법원 2019.08.13 2019나30400
손해배상
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. The following facts may be found either in dispute between the parties or in Gap evidence No. 1 together with the purport of the entire pleadings.

The plaintiff is the owner of 1/2 share of multi-household housing D with the size of 5th floor above Seongbuk-gu Seoul Metropolitan Government, and the defendant is the owner of the above multi-household housing E.

B. The above multi-household housing completed the registration of ownership preservation on May 17, 2001.

2. The assertion and judgment

A. On February 2018, the parties concerned asserted that the Plaintiff suffered from mental suffering, which led to the deterioration of water supply at the Defendant’s building. The Defendant has a duty to restore the Plaintiff’s mental suffering in money or to pay the Plaintiff the repair charges (i.e., repair charges of KRW 5 million, KRW 2.5 million, KRW 2.5 million, KRW 2.5 million, KRW 2.5 million, KRW 2.5 million, and KRW 2.5 million, the Defendant did not have a duty to repair the Plaintiff’s water pipe and delay damages on the rooftop of the Plaintiff’s building due to the vibration caused by construction works.

The Defendant’s above hot water pipe construction did not occur on the rooftop of the Plaintiff’s assertion, and it was ordinary and normal construction within the limit of acceptance limit for housing repair. Therefore, the Plaintiff’s claim cannot be complied with.

B. Defendant 2, 3, and 4 are the sole descriptions of the evidence No. 2, 4.

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