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(영문) 울산지방법원 2019.10.11 2018가단69822
손해배상(기)
Text

1. The defendant

A. From November 3, 2018 to the date of full payment, 12% per annum for KRW 896,000 and its amount.

Reasons

1. Basic facts

A. The Plaintiff is the owner and resident of Ulsan-gu Seoul Metropolitan Government C Apartment E (hereinafter “Plaintiff apartment”), and the Defendant is the owner and resident of the above apartment house D (hereinafter “Defendant apartment”).

B. From February 2018, water leakage occurred in the balcony in front of the inside bank of the Plaintiff apartment building.

(hereinafter referred to as “the number of cases”). C.

The water leakage in this case is caused by the deterioration of the balcony floor in front of the inside of the defendant apartment building, the rupture and heatation of sludge concrete, and the deterioration of waterproof floors.

For the repair of the water in this case, the construction of the defendant apartment and the plaintiff apartment is necessary. The construction cost for the plaintiff apartment is KRW 896,000.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including each number), the result of the commission of appraisal to appraiser F, the purport of the whole pleadings

2. Determination:

A. The water leakage of this case generated from the plaintiff apartment is due to the defects of the defendant apartment, and the defendant, the owner and the occupant of the defendant apartment, is obligated to pay to the plaintiff 896,000 won, which is the cost of repairing defects in the water leakage of this case, and 12% interest per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from November 3, 2018 to the day of complete payment, pursuant to Article 758 of the Civil Act.

B. Since the Plaintiff’s exercise of ownership against the Plaintiff’s apartment is hindered due to the water leakage of this case, the Plaintiff may request the Defendant to perform the water leakage prevention construction works against the Defendant’s apartment in order to remove the disturbance pursuant to Article 214 of the Civil Act, and the method of water leakage construction is reasonable in the same manner as that set forth in Article 1

Therefore, the Defendant is obligated to perform water leakage prevention works to the Plaintiff in the same manner as the Disposition No. 1-B.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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