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(영문) 울산지방법원 2018.02.01 2017나23066
건물수리비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Yangsan-si Carryover 201, and the Defendant is the owner of the loan 301, the upper floor of the loan 301.

B. On July 2014, the Plaintiff’s Barae and the Plaintiff requested the Defendant to repair water several times at the Plaintiff’s Bara river, but the Defendant did not comply with the request.

C. On August 19, 2014, the Plaintiff accepted 201, taking into account KRW 500,000, and KRW 4,455,000 on January 18, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment, the plaintiff asserted that the defendant was liable to compensate the plaintiff for damages equivalent to the repair cost, since the defendant prevented the defendant from spreading water around the boiler room No. 301 with a white sponsor, thereby cutting water onto the boiler room's floor. The plaintiff was charged with water leakage to the boiler room's 201. Thus, the defendant is liable to compensate the plaintiff for damages equivalent to the repair cost.

It is insufficient to recognize the fact that the Defendant neglected the management of the drainage pipes of the boiler room by preventing the Defendant from spreading the boiler room under 301 on the sole basis of the descriptions and images of Gap evidence 5 through 11, and there is no other evidence to prove otherwise.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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