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(영문) 의정부지방법원 2019.01.23 2018가단11336
누수방지공사이행 및 손해배상
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

As the householder of the apartment of this case, the Plaintiff performs water leakage prevention work to prevent leakage of water generated from the apartment of this case, and ② damages incurred from the above water leakage, namely, wood work cost of KRW 2.5 million; KRW 8 million; KRW 2 million; KRW 2 million; KRW 1 million; KRW 1 million; KRW 2 million; KRW 3 million; KRW 3 million; KRW 1 million; KRW 3 million; KRW 5 million; KRW 5 million; KRW 1.8 million; KRW 4 million; KRW 4.5 million; KRW 5 million; KRW 5 million; KRW 4.5 million; and KRW 5 million; KRW 5 million; KRW 5 million; KRW 4.5 million; and KRW 5 million; and KRW 5 million; and KRW 500,000.

The plaintiff, not the owner of the apartment of this case, is difficult to view that there is a legal title to claim compensation for property damage caused by the demand for the performance of water leakage prevention works or the leakage of water against the defendant who is responsible for the management of the common area of apartment.

Furthermore, the evidence submitted by the plaintiff alone is the common area that is responsible for the management of the defendant, and it is insufficient to recognize that the apartment of this case occurred due to the defendant's error in the management, and there is no other evidence to recognize it, and it is not acceptable to accept the claim for mental compensation against the defendant

Therefore, the plaintiff's claim is rejected as it is without merit, and it is so decided as per Disposition.

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