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(영문) 광주지방법원 2017.08.09 2016가단519879
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The owner of the 103-dong in Gwangju-gu, Gwangju-gu, 103-dong (hereinafter referred to as the “instant building”) is an underground floor of 325.225m2, 309.975m2, and the 2nd floor of 309.975m2. The Plaintiff is an owner of the 105m2 (16.6m2) and 2 (105.74m2; hereinafter referred to as the “instant underground shopping mall”; the owner of the 105m2 (35m2, 35m2, 8m2, 2000, 200, 3m2 and 3m2 (24m2, 25m25, 25m2, 3m25, 24m25, 3m2, and 5m25m2, 3m2, and 5m25m2, etc. of the instant building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) On the ceiling part of the instant underground shopping mall installed in a state of being exposed with sewage pipes used by the first and second commercial buildings of the instant building, and the occurrence of water leakages deemed to have caused damage, such as the damage of the said sewage pipes or the damage of the waterproof layer of the first floor, or the damage of the water leakages of the first floor, caused damage to the underground shopping mall of the instant case. According to the appraisal report, it is reasonable to view the entire floor of the instant first floor as the defect in the common area by deeming the entire part of the instant first floor as the defect in the section for common use, and therefore, the sewage pipes or the first floor used by the commercial buildings of the first and second floors of the instant case as the joint possession and management facilities by the Defendants.

(c).

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