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1. Of the judgment of the court of first instance, KRW 10,215,509 against the Plaintiff and its related thereto from August 13, 2012 to February 5, 2016.
Reasons
1. The scope of this court’s adjudication at the first instance court against the Defendant as the appointed party, the Plaintiff claimed compensation for his/her own property damage, his/her own property damage, his/her son C, and D’s mental damage. The court of first instance dismissed the Plaintiff’s claim for compensation for each of the above mental damage, citing only the Plaintiff’s property damage.
In response, the defendant only appealed against his losing part, so this Court's judgment is limited to the plaintiff's claim for compensation for property damage.
2. Basic facts
A. The Defendant sold a building E (E) at the time of a voluntary auction (hereinafter “E building”) 103 302 dong 302 (hereinafter “Defendant Ba”) in the process of a voluntary auction, and paid the sale price in full on July 2, 2010, and the Plaintiff sold Defendant Ba’s immediately lower 103 dong 202 (hereinafter “Plaintiff Ba”) during the process of a voluntary auction and paid the sale price in full on November 4, 2010.
B. After that, from around 2011, when the Plaintiff was residing in the Plaintiff B and D as well as the Plaintiff C and D, the Plaintiff demanded the Defendant to block water leakage in Defendant B and compensate for the damage caused by Plaintiff B and C. On August 13, 2012, the Plaintiff sent content certification mail containing the above requirements to the Defendant on August 13, 201, when the Defendant did not comply with it.
C. After the Defendant’s non-Cooperation, the Plaintiff was not required to conduct an accurate investigation on the water leakage part in Defendant LiveC, and was able to conduct an investigation on the detection of water leakage in Defendant LiveC with the cooperation of Defendant LiveC lessee on August 2013. At that time, the boiler construction businessman involved in the boiler was using water in the hot water pipe, etc. leading to Defendant LiveC’s boiler’s boiler to the direction of the corridor, and the said pipes should be replaced for remuneration.