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(영문) 수원지방법원 2015.10.15 2014가단44310
손해배상청구 등
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 building consisting of the ground floor and the fourth floor above the ground floor in Suwon-si, Suwon-si (hereinafter “instant building”) is a sectional owner holding the part of the branch floor indicated in the attached Table of Real Estate (hereinafter “instant part”). The part owned by the Plaintiff is used as a parking lot.

B. Defendant B is the representative of the building management company that manages the instant building, and Defendant C prosperity (hereinafter “Defendant C prosperity”) is a prosperity association comprised of merchants of the said building.

C. Claim 1-B of the part owned by the plaintiff of this case

In the location from port to port, a pipe of sewage of 100 meters in diameter (hereinafter “existing pipe”) was installed, but wastewater generated from each floor of the instant building was collected from the purification tank installed on the ground floor of the instant building (hereinafter “instant septic tank”) through the existing pipe, and was treated in a way that the sewage discharged from the said septic tank to the outside via the discharge pipe.

In order to treat it as above, expenses for the management of the septic tank and expenses for the operation of the terminal for the discharge of sewage from the septic tank were paid.

The president of the Defendant B and the Defendant Duc Association shall close the instant septic tank, and determine to change the method of treating wastewater generated from each floor of the instant building by directly discharging sewage through a new pipeline through the purification tank without going through the purification tank, and then, on February 24, 2014, he/she claimed the existing installation pipe of the instant building 1.

The claim 1-f of the claim, which is a new pipeline that can replace wastewater with the pipelines described in paragraphs (i) through (f) (hereinafter referred to as the “instant replacement pipe”) and directly discharge sewage to the outside.

The construction work of installing the pipes listed in the subsection (hereinafter “instant new pipelines”) (hereinafter “instant construction”).

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