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(영문) 울산지방법원 2015.12.22 2015가단55433
손해배상(기)
Text

1. The Defendants: (a) KRW 449,631 per annum for each of the Plaintiff, and KRW 5% per annum from March 4, 2015 to December 22, 2015.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants’ real estate status 1) The Plaintiff is the F. 496 square meters in Ulsan-gun, Ulsan-gun, and its ground detached houses (hereinafter “Plaintiff’s land and housing”).

(1) The Defendants are owners of the Plaintiff’s housing units located on G G 272.7 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant’s housing”).

(2) The Plaintiff’s housing was newly built in around 2005 and completed the registration of ownership preservation on May 24, 2005. The Plaintiff purchased the Plaintiff’s land and housing on April 16, 2012 and completed the registration of ownership transfer on May 4, 2012.

3) The Defendants’ housing was completed registration of initial ownership on February 16, 201. The foregoing housing was composed of five floors. The first floor was used as a parking lot, and Defendant C and 401 were owned by Defendant C and 501, respectively. (b) Defendant C and 401 of the third floor was destroyed by flooding on August 25, 201, which led to the collapse and repair of the Plaintiff’s housing among the Plaintiff’s land, and a fence installed at the time of the construction of the Plaintiff’s housing. However, the said fence was collapsed due to flooding on August 25, 2014.

(2) The Plaintiff and the Defendants did not reach an agreement on the repair of the instant wall, and the Plaintiff repaired the said wall at their own expense. [In the absence of any dispute over the grounds for recognition, the entries and images of the evidence Nos. 1, 4, and 7, and evidence Nos. 1, 2, and 1 and 2, and the purport of the entire pleadings.

2. Determination

A. The Plaintiff’s assertion 1 of the parties concerned that the fence of this case was collapsed due to the defect in the installation of the drainage pipe in the Defendants’ housing. Thus, the Defendants are jointly and severally obligated to repair the existing drainage pipe in the Defendants’ housing or to pay KRW 1,793,00 necessary expenses to the Plaintiff for the construction of the drainage pipe in the Plaintiff housing.

The Defendants owned land adjacent to the Plaintiff, and maintained the fence of this case at their own expense. The Defendants are the Civil Act.

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