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(영문) 서울남부지방법원 2015.03.26 2014나11586
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Gangseo-gu Seoul Metropolitan Government Carryover Non-02 (hereinafter “Plaintiff-owned real estate”), and the Defendant is the owner of the above Cloan No. 102 (hereinafter “Defendant-owned real estate”), the immediate upper floor of the Plaintiff’s real estate owned by the Defendant, who currently resides in the above 102.

B. The joint tap-water replacement corporation of the entire CBC, including each real estate owned by the Plaintiff and the Defendant, was conducted around September 2012.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of a claim: (a) around October 2012, the Plaintiff entered into a lease agreement with the Plaintiff at around December 9, 2012, setting the period of water leakage in the Plaintiff’s real estate; (b) fung in the dwelling room and main bank; (c) fung in the ceiling and wall of a small bank; (d) the Plaintiff reduced the number of sheets from October 2012 to December 201 of the same year; and (e) on November 11, 2012, the Plaintiff replaced the remote area and the door board in which the repair cost was incurred; and (e) on December 9, 2012, the lease agreement was concluded with the new lessee and the rent of KRW 15 million; (e) the rent of KRW 600,00,00 for the rent of KRW 250,00,000 from December 9, 2012 to December 8, 2013; (e) the Plaintiff’s total amount of water leakage generated from the Plaintiff’s real estate was not due to def.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and thus, the plaintiff's appeal is justified.

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