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1. The Defendant: (a) KRW 15,665,904 for the Plaintiff and KRW 5% per annum from October 11, 2017 to December 27, 2018; and (b) the Plaintiff.
Reasons
1. Basic facts
A. The pertinent Plaintiff is the owner of the third floor C (hereinafter “instant subparagraph C”) among the buildings indicated in the attached Form, and the Defendant is the owner of the fourth floor D subparagraph (hereinafter “instant subparagraph D”) among the same buildings.
B. On December 26, 2003, after purchasing the instant subparagraph C, the Plaintiff was planning to move the place of business to Kim Sea, and from May 2012, the Plaintiff resided in the instant subparagraph C. 2) As long as the Plaintiff moved to the place of business, water leakage occurred in the instant subparagraph D. Accordingly, water leakage occurred in the instant subparagraph C’s living room, bedroom’s walls, and ceiling, which is the next floor below the instant floor, and water was reduced to the floor of the living room, and water was reduced to the ceiling and the wall, and the aquatic calcium in concrete and the lecium in concrete was made by the fishery calcium in chemical reaction with water for a long time.
The occurrence occurred.
C. The Defendant’s repair work 1) around May 2018, which was after the filing of the instant lawsuit, around May 2018, the Defendant performed the repair work of the toilet floor and walls of this case. 2) After performing the repair work as above, the Defendant did not incur any leakage until now.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. Determination
A. According to the result of the appraiser E’s appraisal of the occurrence of the liability for damages, it can be recognized that water leakage or mycos have occurred due to the phenomenon in the front balcony of this case.
However, it is difficult to readily conclude that water leakage damage incurred to the instant ward, etc. is due to the defect of the instant heading C itself.
Rather, the following circumstances, which may be acknowledged by the overall purport of the pleadings, are the following: ① the part causing damage to water leakages in the instant case, is the ceiling and the wall part; ② the Defendant’s toilets in the instant case.