(영문) 대구지방법원 2019.08.28 2019나1181 | 리걸엔진

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(영문) 대구지방법원 2019.08.28 2019나1181

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is the owner of North-gu C apartment and D at the port of port, and the Defendant is the owner and occupant of the same apartment E, the upper house of which is the owner and occupant.

B. From around 2015, due to the water leakage in the ceiling of the main balcony of the apartment building owned by the Plaintiff (hereinafter “the instant water leakage”), there was a phenomenon such as milch and myco production in the remote area.

C. Of the first instance trial, the Plaintiff and the Defendant jointly selected an enterprise and found that the cause of water leakage in the instant case was presumed to have occurred due to the deterioration of the bend floor waterproof layer of the apartment owned by the Defendant.

[Basis] Facts without dispute, Gap evidence 1 to 5, evidence 8, evidence 11 to 13 (including various numbers), the contents and images of Gap evidence 1 to 13, and the purport of the whole pleadings

2. Determination as to the cause of action

A. Determination of a defect in the establishment and preservation of a structure under Article 758(1) of the Civil Act as to a claim for property damage is in a state where the structure does not have safety ordinarily for its intended purpose. Determination of whether such safety has been met should be based on whether the installer and the preservation of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.

(2) In light of the above facts, it is reasonable to deem that there was a defect in the installation and preservation of an apartment building owned by the Defendant in the bend of the apartment building owned by the Defendant. The Defendant, as the occupant and owner of the apartment building, is obligated to manage the aforesaid bend of the bend of the building. Thus, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the leakage of the instant water pursuant to Article 758(1) of the Civil Act.

According to Gap evidence No. 1, 650,000 won to repair damage to remote areas caused by water leakage of this case.

참조조문

-민법 제758조 제1항

참조판례

-대법원 2000. 1. 14. 선고 99다39548 판결

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