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(영문) 수원지방법원 2019.12.19 2018가합14512
공사이행
Text

1. The Defendant: (a) KRW 2,083,889; and (b) KRW 500,000 to Plaintiff B; and (c) respectively, from May 14, 2016 to December 19, 2019.

Reasons

1. Basic facts

A. Plaintiff A is the owner of Osan-si D Apartment E (hereinafter referred to as “the number of houses”; hereinafter the same shall apply) and Plaintiff B is the Plaintiff and the husband and wife, who reside together with Plaintiff A in the above subparagraph E. The Defendant is the owner and resident of the same apartment unit F of the same apartment unit that is the immediate upper floor under the above subparagraph.

B. Fungi started due to the occurrence of water leakage in the ceiling of the ward E at the beginning of January 2016.

Accordingly, on March 2016, the Plaintiffs brought about KRW 600,000,000 to the Dogcheon, and on April 18, 2016, the Defendant paid KRW 200,000 to the Plaintiffs out of the aforementioned Doging cost.

C. Around May 2016, fung took place due to water leakage in the ceiling of a ward for E heading, and around January 2019, the range of myco generation came to reach 1.5 meters in the direction of the current line between the ward and the kitchen.

With regard to the occurrence of water leakage and myung, appraiser G conducted on-site investigations as to whether water flows over three occasions from January 14, 2019 to February 12, 2019, and as a result, the current water leakage phenomenon was not found, but it was confirmed that there was a foreign substance to the PVC pipe upper part of the connection part of the Fho Lake, and in subparagraph F thereof, ① in the case where water flows over the part connected to the water flow of the main bank, ② in the dwelling room and the main bank floor, it was suggested that water flows over the past E-head.

E. Meanwhile, in the case of 1,583,889 won in total in the case of the construction works for the replacement of fluorite fluorites in the part of Eho Lake, and the construction works for the production of fluorites in the main bank and living room.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, 5, and 6 (including paper numbers; hereinafter the same shall apply), appraiser G's appraisal result, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiffs are required to pay a total of KRW 1,583,889,00,000,000,000,000 won under F owned and occupied by the defendant.

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