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(영문) 수원지방법원안양지원 2017.07.12 2016가단8099
손해배상(기)
Text

1. The defendant shall be the plaintiff.

(a) KRW 5,60,861 as well as 5% per annum from March 3, 2016 to July 12, 2017;

Reasons

1. As to the claim for damages

A. The G Apartment Complex Building in C, D, E, and F (hereinafter “instant building”) is a commercial building on the first and second floor above the ground of the Council-based government.

The above building is registered as a sectioned building by each floor.

The above building has toilets on the first and second floors, and the underground floor has a septic tank for toilets.

The lower part of the underground stairs is a cluster revision.

The toilets, septic tanks, and stairs on the building ledger are all registered as common areas.

On March 20, 2012, the Plaintiff completed each registration of the transfer of ownership with respect to underground floors (141.505 square meters in exclusive ownership) of the above building on November 8, 201, the Defendant completed each registration of the transfer of ownership with respect to the 1 and 2 floors (118.56 square meters in exclusive ownership) of the above building on November 8, 201.

The underground floor of the instant building had been abandoned by the lessee around 2014, and has been undeveloped until now.

Since there is no toilet in the underground floor, the lessee of the underground floor also used the 1st and the 2nd toilet.

The first and second floors after the acquisition of the defendant's ownership. The defendant's family resided in the second floor from July 2014 to January 2015, and thereafter the defendant's lessee occupies the first and second floors.

There is no agreement between the plaintiff and the defendant on the management of the section for common use.

On March 2015, water leakage was made in the underground floor through underground floors throughout which water leakage occurs from the hot water pipelines of the first floor.

On April 19, 2015, the Plaintiff requested the Defendant to repair pipelines, and notified the Defendant of the completion of repair of hot water pipelines.

On March 16, 2015, the lessee of 1st and 2nd floor set forth a malodor in the underground purification tank to the Defendant, and the Defendant received the key from the Plaintiff to the underground floor and performed the drainage work of the underground septic tank and the cleaning of the septic tank.

On November 15, 2016, the plaintiff notified the defendant of the fact and cleaned the underground floor by itself.

The results of appraisal of the causes of flooding are significant.

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