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(영문) 서울동부지방법원 2018.05.16 2017나25934
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The plaintiffs are owners (each 1/2 shares) of Gangseo-gu Seoul Metropolitan Government D apartment 302 Dong 1408 (hereinafter "Plaintiffs apartment ") and the defendant is the owners of 302 Dong 1508, the upper floor of the plaintiffs apartment 302 Dong 1508 (hereinafter "Defendant apartment 2").

B. On March 2016, water leakage (hereinafter “water leakage”) occurred in the living room and main part of the apartment site of the Plaintiffs, and the Plaintiffs conducted the pipe leakage inspection of the Defendant apartment with the consent of the Defendant in order to find out the cause of water leakage. As a result of the inspection, it was confirmed that water leakage occurred due to the heating pipe leakage of the Defendant apartment.

At the time, the plaintiffs paid KRW 200,000 to the pipeline leakage inspection cost.

C. After that, around April 21, 2016, the Plaintiffs performed the Doing Construction around April 21, 2016 in order to repair the damaged portion of the instant water leakage, and paid KRW 300,000 at its expense.

[Ground of recognition] Each entry and video of Gap evidence Nos. 1 through 5, 9 through 15 (including each number), and the purport of the whole pleading

2. The plaintiffs' assertion and judgment on this issue

A. The gist of the plaintiffs' assertion caused damages to the plaintiffs due to the defects in heating pipes belonging to the part of exclusive ownership of the defendant apartment complex, and thus, the defendant is obligated to pay 1,039,000 won out of 20,000, 300, 300, 1,029,60, and 9,781,200, and 11,310,800 won in total (200,000 won in total) of the costs of replacing pipelines, and the costs of repairing water, 11,029,60,000 won in compensation for damages.

B. (1) According to the facts of recognition of damages liability, the water leakage in this case occurred due to the Defendant’s failure to properly manage the heating pipes belonging to the part of exclusive ownership of the Defendant apartment, which is the Defendant’s ownership, and resulting in water leakage in the heating pipes. Barring special circumstances, the Defendant shall be the Plaintiffs, barring any special circumstance.

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