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(영문) 서울고등법원 2016.12.20 2016나2019358
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. Before April 4, 2002, the Plaintiff was co-owners with 1401-1/2 shares.

From April 24, 2016 to 3, Seocho-gu Seoul Metropolitan Government (hereinafter “instant apartment”) 1401 (hereinafter “1401”), and the Defendant is the owner of 1501, the upper house (hereinafter “1501”).

B. The Defendant: (a) around September 2005, around 1501, 2005, performed artificial insemination construction; and (b) around January 201, the balcony floor typ construction was conducted.

C. On July 6, 2011 and July 19, 2011, in an inner bank, a tent has been partially turned down and a suck and sucks have occurred. On July 26, 2011, the Plaintiff sent to the Defendant a certificate of the content that “The Plaintiff requires measures, such as compensation for damages, as ponding a large quantity of rainwater into the outer wall of 1501 with a hole of air condition conditioners attached thereto, and damage has occurred due to 1401.”

On July 30, 2011, the defendant, upon the plaintiff's request, engaged in the work of blocking the above outdoor hole by using marbs, etc., and the same month as on September 5, 201.

7. The timbering works and the inland ceiling works, etc. of 1401 were ordered.

E. Around October 2011, the Plaintiff filed a claim against the Defendant for damages by asserting that “the Defendant did not properly interfere with the air conditioner joints of 1501 and caused water leakage damage to 1401” (Seoul Central District Court Decision 201Da2426746). The said court rendered a judgment dismissing the Plaintiff’s claim on the ground that “it is insufficient to view that the instant apartment was damaged water by water leakage due to water leakage in the air conditioner joints of 1501, as it was constructed around 198, that it was the old building built around 1401, and there was a creamk on the outer wall of 1401, and there was damage similar to water leakage in addition to 1401, around July 2011.”

F. Accordingly, the Plaintiff appealed as Seoul Central District Court 2012Na13223, and June 2012, the appellate court was in progress.

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