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(영문) 인천지방법원 2019.05.22 2018가단234879
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the council of occupants’ representatives comprised of occupants of the Michuhol-gu Incheon Metropolitan City D Aggregate Building (hereinafter “instant Building”).

Defendant B (hereinafter “Defendant Company”) is a company that constructed and sold the instant building.

The defendant Dong-gu Incheon Metropolitan City is the managing body of the Incheon Bridge PPP.

B. The instant building was approved for use on May 14, 2015.

On July 23, 2017, in the area where the building of this case is located, mechanical parking facilities installed under the ground of the building of this case were flooded, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. Claim against the defendant company

A. The Plaintiff Company: (a) newly constructed the instant building on the E Group, which is managed as habitual flood areas, and equipped with adequate water-flow systems to prevent rainwater from flowing into underground; (b) thereby causing damage to the Plaintiff’s mechanical parking facilities, etc.; (c) the Plaintiff incurred damage to the Plaintiff’s use of KRW 97,046,369 as the cost of repairing and restoring parking facilities, fire-fighting systems, water-supply pumps equipment, etc.; and (d) the Plaintiff incurred damage to the Plaintiff’s use of KRW 97,046,369 as the cost of repairing and restoring the relevant parking facilities, fire-fighting facilities, water-supply pumps equipment, etc.; (e) Articles 17-2(1) main sentence of Article 17-2(1) of the Rules on the Standards, etc. for Equipment Equipment of Buildings (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 219, Jul. 9, 2015) (1) any person who intends

(i)the facilities that can prevent the inundation of the building in question (hereinafter referred to as "water-flowing facilities"), such as the flood plate, etc.;

(1) Each permitting authority under Article 5 (1) of the Act shall install facilities: Provided, That the same shall not apply to cases where it is deemed that there is no concern for flooding.

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