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(영문) 서울중앙지방법원 2016.12.16 2016나40216
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff’s following B.

At the time of the construction in the port entry, the owner of multi-household 201 (No. 59.58mm2) (No. 59.58m2) of the wall-building and the 2nd roof in Seoul at the time of the construction in the port entry, and the Defendant is located on the 10,000 m2 (No. 60.66m2 of the area of the exclusively owned land) of the 1st class (No. 60.66m2 of the area of the exclusively owned land) of the 1st class and the 2nd class.

is the owner of the property.

B. As the Plaintiff lost the roof of the right-hand roof of the building corresponding to 1Ra (Nos. 1, 101 and 201) of this case and was unable to properly perform waterproof functions, the Plaintiff sent from October 2010 to the Defendant and the 101 owner a certificate of content to the effect that he explained the necessity of construction on two occasions, sent a written estimate for the roof work, and responded to their opinions, but did not receive any reply.

C. The Plaintiff carried out the 7,271,00 won roof repair work, etc., and carried out the 800,000 won of the instant Babrole construction and the e fever installation work.

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of whole pleadings, as stated in Gap's evidence Nos. 1 through 5, 7, 9, 10, 11, 14, 23

2. The assertion and judgment

A. Comprehensively taking into account the above facts of determination as to the cause of the claim, the Defendant, barring any special circumstance, shall seek that the Plaintiff share his/her share in accordance with Article 17 of the Act on the Ownership and Management of Aggregate Buildings (i.e., 60., 56 square meters and 59.58 square meters and 60.66 square meters) within the scope of 60.66 square meters ((59.58 square meters and 59.58 square meters) and (i.e., 614,200 won) as sought by the Plaintiff, as the Plaintiff seeks, in proportion to the expenses for the construction of a roof repair project: (ii) 1 square meters x 0.5 square meters x 1 square meters x 1 square meters 1 square meters and 2 square meters ; and (iii) the Plaintiff is seeking a share of construction expenses by calculating the Defendant as 0.5 households with respect to the expenses for the construction of a building in this case by five households.

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