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(영문) 대구지방법원 2017.01.19 2016가단107759
손해배상(기)
Text

1. The Defendant’s respective KRW 369,00 per annum from December 13, 2016 to January 19, 2017, respectively, to the Plaintiffs, and the following.

Reasons

1. The plaintiffs are co-owners who own 1/2 shares of C Apartment No. 104, 1703, 1703 (hereinafter referred to as the "the apartment of this case") on the land of land outside Yongcheon-si, Yongcheon-si, and reside in the apartment of this case.

The defendant is an organization composed of representatives from each Dong elected by occupants for the management of the above four apartment units, 329 households.

The apartment building of this case is a structure that can enter the rooftop with only one story up on the last floor in the same apartment site. The rooftop of the building is connected with the entrance door of the rooftop of the apartment of this case and is divided into a place that is separated from other rooftops (hereinafter referred to as "electric part") from the fence and a common part managed by the defendant.

In early 2015, the plaintiffs confirmed the changes in the natural remote areas suspected of water leakage in the dwelling space between the inside and inside of the apartment of this case.

The plaintiffs informed the defendant of this fact, and the defendant made a waterproof construction work around April 27, 2015.

On September 7, 2015, the Plaintiffs came to enjoy water even after waterproofing construction works. On September 7, 2015, the Defendant carried out an operation to stuff a plaque (a auxiliary device that serves as a path to enter an index system) and infusing an index (materials used to prevent water leakage) on the top of the top of the rooftop-sharing part, surrounding areas, and the transition part.

On November 28, 2015, the Plaintiffs requested a public inspection to E, a water leakage detection company, to undergo a water leakage inspection on December 11, 2015.

On March 10, 2016, the Defendant had a waterproof construction project covering waterproof materials on the entire rooftop.

On the other hand, Article 74 of the Management Rules provides that the management entity shall manage the section for common use under the title "management responsibility of the section for common use", and the management entity's direction and supervision responsibility are the defendant.

[Ground of recognition] Gap evidence Nos. 1, 4, 5, 10, and Eul evidence Nos. 4 and video, on-site inspection results. 2. Determination

(a) the sharing part;

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