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(영문) 서울중앙지방법원 2015.01.30 2013가단5040196
손해배상(기)
Text

1. The Defendant’s KRW 5,853,791 as well as the Plaintiff’s percentage of 20% per annum from January 31, 2015 to the date of full payment.

Reasons

1. Basic facts

(a) The second floor of the brick brick sloping roof in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant building”) is newly constructed around July 1986 and around the same year in the case of the building with the second floor of the ground floor (the first floor, the second floor, the second floor, 78.80 square meters; hereinafter “instant building”).

7. 24. Multi-household housing consisting of registration of preservation of ownership.

B. Under subparagraph 1 of the underground floor of the instant building (hereinafter “Plaintiff’s housing”), the Plaintiff’s immediate 101 of the first floor (hereinafter “Defendant’s housing”) resides in the instant building, respectively.

C. The living room (Concurrent use of a kitchen) and bathing room of the Plaintiff’s housing occurred. Accordingly, damage was made to the ceiling of the instant housing living room and the water table and the remote area near the bathing room. Fungro, the degree of installation of a container on the floor of the living room was to be carried out by drilling the joints of the ceiling of the living room and the wall in the front of the bathing room, etc., and to store water for the strawing of the plastic panel. The bathing room also felled to the extent that water leakage is continuous, and the wall around the said ceiling was damaged by water leakage, fungi, etc.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, 3, 5 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. The gist of the parties' assertion argues that the plaintiff is liable to compensate the plaintiff for damages (the plaintiff's housing repair cost and consolation money) caused by the water leakage in this case and the defendant, who is the possessor and owner, is obliged not to perform the act of causing water leakage in the plaintiff's house, and to impose the enforcement fine of KRW 50,000 per day if he violates this, because the water leakage occurred in the defendant's house directly on the plaintiff's house and flows out to each stream of the plaintiff's house.

In accordance with the plaintiff's assertion that the defendant reported damage to water leakage of the defendant's house, the defendant shall be the Southern Waterworks Business Office.

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