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(영문) 서울중앙지방법원 2015.05.11 2014가단5258451
손해배상(기)
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendants share the 1st underground and the 5th ground floor in Seocho-gu Seoul Metropolitan Government (hereinafter “G building”), and the Plaintiffs share the 1st underground and the 4th ground floor in the same road H abutting on the string of the G building on the basis of the road (hereinafter “I building”).

(Share Ratio: Plaintiff A 547.34/1641.69, Plaintiff B 216.70/1641.69, Plaintiff C 877.65/1641.69). (B)

The left side of the G building has parking lots and mechanical parking devices on the entrance passage of the parking lot and inside the parking lot, and the entrance of the parking lot entry passage is installed, but it is possible to enter the parking lot if it is not lowered.

The parking lot is divided into the left side of the wall and the right side of the building into the left outer wall of the building, and the waste was filled out on the left side of the building.

C. However, around April 6, 2014, a person whose identity had not been revealed around 14:43 on or after the day of April 6, 2014, where a fire occurred as he saw away from a garbage bag and paper stuffed on the left outer wall of the G building, etc., which was extended to the left part of the G building, and the outer wall and container of the I building were proceeding to the outer wall of the 2nd floor and the surrounding outer wall of the I building (hereinafter “the fire in this case”), and the outer wall of the I building was destroyed and the damage caused by container, air conditioner, etc.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-1, Gap evidence 2, Gap evidence 2, 3, Eul evidence 1 and 2, the records and images, the result of the on-site inspection by this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiffs asserted that the defendants paid KRW 19,192,00 due to defects in the construction and management of the above defendants' building, and KRW 11,342,100 due to the cost of the outer wall construction and the cost of the replacement of air conditioners, etc. In the future, the defendants jointly suffered damages due to the cost of the 11,342,100 won due to the cost of the window glass and the new replacement cost.

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