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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the Plaintiff
Reasons
1. The Plaintiff’s assertion is the owner who purchased 901-1, 901-2, 902-1, 902-2, 903-1, 903-2, 904-1, 904-2, 905-1, and 905-2 (hereinafter “Defendant’s possession room”) around August 2001, and the Defendant purchased all 41 units of 8th floor of the instant commercial building around early 2013.
Although the defendant has a duty to repair and manage the defendant's room and prevent leakage of the room below the below floor, the defendant violated this duty and caused water leakage on the eightth floor of the commercial building in this case owned by the plaintiff.
Since the above leakage amount is due to the defect in the preservation of the family room owned by the defendant, the defendant is obligated to pay the plaintiff the damages amounting to 96,995,000 won (construction cost of 32,715,000 won), the rent of 52,800,000 won due to the termination of the lease contract, real estate brokerage commission and directors' expenses of 4.2 million won, management expenses of 7.28 million won).
2. According to the statement of evidence No. 11, witness C’s testimony, and witness D’s partial testimony, around August 2013, opening the 9th floor of the instant commercial building suspected of water leakage, including the Defendant’s custody room, and conducting a water leakage inspection. At the time, the measuring instruments of No. 901 out of the Defendant’s custody room were in a state of minor learning, and the number of water leakages was suspended for a few months.
However, the following circumstances such as the witness C’s testimony and witness D’s testimony may be acknowledged by comprehensively taking into account the overall purport of the pleadings, namely, the water pressure test at the time of water leakage inspection, but there were no special errors, and the water leakage again appears to have occurred after a few months. However, efforts were made to find the causes of water leakage even after the fact that there was no clear cause even at the time of water leakage inspection.