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(영문) 부산지방법원동부지원 2017.05.31 2015가단16455
누수하자보수 등
Text

1. The Defendant paid KRW 1,981,00 to the Plaintiff KRW 5% per annum from November 4, 2015 to September 8, 2015.

Reasons

1. Basic facts

A. The plaintiff is the owner of Busan Dong-gu C Apartment 109 Dong-dong 2409, and the defendant is the owner of the above apartment, the upper floor of the plaintiff's apartment, 109 Dong-dong 2509.

B. Around June 2013, 2013, inasmuch as the Plaintiff’s apartment space was whiteized due to water leakage in the ceiling of the apartment space, the Plaintiff spent KRW 300,000 at the expense of the Plaintiff’s apartment space, after driving it on or around June 10, 2013.

C. As a result of the Defendant’s water leakage inspection on the apartment around July 19, 2015, it was confirmed that the Defendant’s apartment water leakage occurred in the shower water tank of the toilet bath water pipe of the apartment complex, and that it remains the Plaintiff’s apartment.

On July 26, 2015, the defendant performed water leakage prevention works in the defendant's apartment bath.

E. Around May 2016, an appraiser who assessed the Defendant’s apartment complex as to the causes of water leakage, etc. was confirmed to have accumulated water leakage in the Defendant’s ceiling and the bath cafeteria.

(E) On May 23, 2016, from May 25, 2016 to May 25, 2016, a water testing was conducted on the Defendant’s apartment bath floor, and it was confirmed that the Plaintiff’s apartment bath room was accumulated in the Plaintiff’s apartment bath room. The appraiser presented an appraisal opinion as follows: (a) the cost of construction is KRW 1,881,000 for the Defendant’s apartment for the strawing repair caused by water leakage in the apartment complex.

G. On July 28, 2015, the Defendant paid KRW 200,000 to the Plaintiff on the pretext of the repair cost due to water leakage, etc.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, 10, Eul evidence Nos. 1 and 3, appraiser D's appraisal result, the purport of the whole pleadings

2. Determination

A. According to the above facts, it is reasonable to view that the damage caused by water leakage caused by the plaintiff's apartment was caused by the defendant's defect in the cooling room of the apartment, the shower water, or the defect in the floor of the bath room. Therefore, the defendant is liable to compensate the plaintiff for the damage caused by water leakage, etc.

The amount of damages suffered by the plaintiff shall be the amount.

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