(영문) 서울중앙지방법원 2016.10.19 2016나38374

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.10.19 2016나38374

손해배상(기)

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. Facts of recognition;

A. The Plaintiff is the owner of the Dongjak-gu Seoul Metropolitan Government C Apartment 105 Dong 1907 (hereinafter “1907”), and the Defendant is the former owner of the above 2007 No. 1907 (hereinafter “2007”).

B. On June 26, 2014, the Plaintiff discovered the occurrence of water leakage, such as ice construction, etc. on the toilets of 1907 and the ceiling and wall of a small room, and requested the Defendant to implement construction works to prevent water leakage by asserting that the water leakage of the above water under 1907 was due to the water leakage of toilets of 2007. The Defendant implemented construction works to prevent water leakage of toilets of toilets of 2007 on December 6, 2014, but did not stop the water leakage of 1907.

(In addition, the defendant requested a water detection company to detect water leakage of the internal water pipes and heating pipes on December 13, 2014, but did not discover water leakage.

The defendant sold No. 2007 to D and completed the registration of ownership transfer on April 24, 2015.

As of March 26, 2016, the appraiser did not enjoy water supply pipes and heating pipes as of March 26, 2016, and the water leakage occurred at the time of the first water leakage on June 26, 2014 cannot be seen as of whether the water leakage occurred in the section of exclusive ownership No. 2007, whether it occurred in the section of exclusive ownership No. 1907, or whether it occurred in the section of exclusive ownership or whether it occurred in the section of exclusive ownership.

“To present an opinion to that effect.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, result of a request for appraisal by the court of first instance, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion asserts that the water leakage from the toilet of 1907 and the small room was caused by the defect of the section of exclusive use of 2007, and that the Defendant, the owner of 2007 at the time of water leakage, who was the owner of 1,094,230 won, and KRW 2,094,230,000,000 won out of the total of KRW 2,094,230,000,000,000 won.

(b) ice ice is built on the toilets of 1907 and the ceiling and walls of small rooms, due to glusiums, water leakages.

유사 판례

-부산지방법원 2020.08.13 2019가단315642

-광주지방법원 2019.10.24 2019나53838

-수원지방법원안양지원 2015.04.02 2014가단7290

-수원지방법원 2017.06.29 2017나1889

-서울중앙지방법원 2015.05.27 2014나58213