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(영문) 수원지방법원 안산지원 2021.01.15 2019가단58394
손해배상(기)
Text

The Defendant, as the Plaintiff

(a) carry out the water leakage prevention work of water pipes buried on the floor of the attached list;

Reasons

The following facts are recognized if the facts of recognition for the cause of claim Gap's evidence Nos. 1 to 20, the appraisal result by appraiser C, and the purport of the whole pleading is visible.

The plaintiff is the owner of the unit D unit D unit D unit D unit D unit D unit E in Ansan-si, and the defendant is the owner of the real estate stated in the attached Table (F unit of the same building; hereinafter referred to as the "real estate in this case").

From December 2018, damage, such as damage to remote areas, has occurred due to water leakage in the inside bank and the entrance ceiling of the bank owned by the plaintiff from around December 2018. This was derived from water leakage in the water pipe buried on the floor of the "real estate of this case".

We do not accept the first defendant's argument on the different premise with respect to the occurrence of water.

An appraiser presented in the appraisal statement that the above causes are presumed on the ground that the use of water supplied from the real estate of this case continues to cause a large quantity of water leakage, and the reason for rejection and the ground for rejection will not be found otherwise.

Plaintiff

According to the above facts of recognition of the request for the performance of construction works to prevent leakage of the claim, since the plaintiff is hindered in the exercise of ownership due to leakage of the real estate in this case, the owner of the real estate in this case may seek implementation of construction works to prevent leakage of water pipes buried on the floor of the real estate in this case for the removal of the disturbance, and the defendant shall comply with this.

B. According to Gap evidence No. 1 and the appraiser's appraisal result, the defendant is obligated to compensate the plaintiff for damages for the total sum of KRW 4,40,000 and KRW 3,162,748,00,000,000 and KRW 7,562,748,000,000,000 paid by the plaintiff.

On the other hand, the Plaintiff.

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