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1. The Defendants jointly share KRW 9,319,075 with the Plaintiff, and 5% per annum from October 21, 2015 to October 13, 2016.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the first floor No. 107 (hereinafter referred to as “instant 107”) on the second floor, the second floor, and the second floor of two parcels (hereinafter referred to as “instant building”).
B. The Defendants are co-owners of 1/2 shares of each of the second floor No. 206 of the instant building (hereinafter “instant No. 206”).
C. According to the appraiser F’s appraisal result on September 2014, the oil leakage date of the instant case 206 indicated as the first patrol officer on October 2014. However, according to the overall purport of the statements and arguments on the evidence Nos. 2 and 4, it is recognized as a policeman on September 2014.
The oil (heating oil, etc.) was leaked out of the oil boiler of the boiler 206 (hereinafter “the boiler of this case”) due to the occurrence of the phenomenon that the part connecting the boiler with the main body of the boiler was separated from the body of the boiler, and the oil was flown from the bottom of the instant case, and there was an accident that the oil flows out from the bottom of the instant 107-206 and the wall of the instant 107-206 and flown into the main body of the boiler (hereinafter “the instant accident”).
On September 15, 2014, the Plaintiff, the husband of the Plaintiff, was a director as the second floor No. 205 of the instant building owned by the Plaintiff.
E. From April 23, 2015 to May 8, 2015, the Defendants: (a) performed repair works, such as cement lives, ceilings, and bricks, for the instant subparagraph 107 at their own expense (hereinafter “instant repair works”); and (b) performed repair works, such as painting lives, etc. (hereinafter “instant repair works”).
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1-1-3, Gap evidence 2-4, the purport of the whole pleadings
2. Occurrence of liability for damages;
A. Determination as to the cause of the claim 1) The term “a structure under Article 758(1) of the Civil Act” means an article produced by artificial work, and the term “a defect in the installation or preservation of a structure” means a defect that is incomplete for the installation or preservation of a structure itself.