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1. The Defendants jointly share KRW 39,098,234 with the Plaintiff and KRW 5% per annum from September 17, 2012 to May 13, 2015.
Reasons
Basic Facts
The plaintiff is the owner of Dongducheon-si C Apartment (hereinafter "the apartment of this case"), 103 1501 dong 1501 (hereinafter "the 1501"), and the council of occupants' representatives of the defendant C apartment (hereinafter "the council of occupants' representatives") is the council of occupants' representatives composed of occupants for the management of the apartment of this case, and the defendant Samsung Do Co., Ltd. (the "the defendant company") is the housing management operator entrusted with the management of the apartment of this case by the defendant's council of occupants' representatives.
On September 17, 2012, the instant flood occurrence occurred and caused approximately 82m rain to the Dobcheon-si, Dongbcheon-si. The instant apartment complex 103-dong rainwater, which had not been drained by the drainage hole of the instant apartment complex, flows into the storm bank of the instant 1501, and the total inside 1501 of the instant apartment complex was damaged by flooding (hereinafter “the instant flood”).
Article 5 [Scope of Exclusive Use and Common Use Part] (1) Exclusive Use Part is a space used solely by occupants, etc. in a household, and is specified in attached Table 2.
(2) The section for common use shall consist of the following housing sections, incidental facilities and welfare facilities, and the site thereof, excluding the exclusive sections under paragraph (1), and the scope thereof shall be as specified in attached Table
1. Section for residential common use: Facilities jointly used by occupants of the relevant building, such as corridor, stairs, portmen and elevators, on the ground floor of multi-family housing;
2. Other common areas: The facilities jointly used by all occupants, etc. within the collective housing complex, such as underground floors, management offices, security rooms, senior citizens, day care facilities, residents' facilities, etc. excluding the common areas under subparagraph 1 [liability for compensation, etc.]