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(영문) 수원지방법원 2016.11.15 2016나3666
손해배상(기)
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. The assertion and judgment

A. The Plaintiff’s assertion is the owner of Suwon-si Kuwon-si C’s underground floor No. 101 (hereinafter “101”), and the Defendant is the owner of the upper upper floor of 101 (hereinafter “201”). As to the defect of the toilet pipeline, which is the section for exclusive use in 201, the amount of leakage occurred in the toilets, etc. of 101, and the amount of KRW 2,550,000 was required for the repair work, the Defendant is obligated to pay the above construction cost of KRW 2,50,000 to the Plaintiff.

B. According to the testimony of Gap's evidence Nos. 2 through 6 (including paper numbers) and witness D of the first instance court, it is difficult to recognize that ice and fung, etc. have occurred in the toilet No. 101 due to water leakage, but the evidence submitted by the plaintiff alone is insufficient to recognize that the above water leakage was caused by the defect of the part of exclusive ownership No. 201 that the owner of 201 should assume the responsibility, and there is no other evidence to acknowledge this otherwise. Thus, the plaintiff's claim of this case

2. 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 in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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