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(영문) 서울남부지방법원 2015.10.16 2014가단21735
손해배상(기)
Text

1. As to Defendant B’s KRW 1,036,092 and its amount from May 2, 2014, Defendant C’s KRW 980,574 and its amount.

Reasons

1. Basic facts

A. The plaintiff and the defendants are sectional owners of the 4-dong FF loan, Yecheon-gu, Ocheon-gu (hereinafter "Ba"), and the size and the status of the section for exclusive use by sectional ownership are as follows.

Defendant 2: (a) No. 2 of the 2nd floor No. 2, No. 39.21 square meters G No. 1 of the 39.21 square meters of the 1st floor No. 41.43 square meters of the 41.21 square meters of the 39.21 square meters of the 1st floor No. 39.21 square meters of the 2nd floor, the owner of the section of exclusive ownership of the section of exclusive ownership; and (b) Defendant E

B. The Plaintiff requested H around September 2013 to implement a rooftop waterproof construction work and paid KRW 6,050,000 to the construction cost on October 7, 2013.

[Ground of recognition] The descriptions of confessions A6-2, A7 evidence, A12 evidence, A7 evidence, and B-7 evidence, and the purport of the whole pleadings

2. Judgment on major issues

A. The key issue is that the Plaintiff asserts that since the causes of water leakage on the rooftop, which is the section for common use, damage the waterproof layer of the rooftop floor, the Defendants should bear the portion equivalent to 5/6 of the construction cost jointly and severally with G.

In this regard, the Defendants did not show that the cause was either damage to the rooftop waterproof layer or the load of the cable leading line above the rooftop floor.

B. (1) In full view of the following facts or circumstances, it is reasonable to view that the causes of the water leakage of the rooftops are damage to the rooftop floor waterproof layer.

(A) Around August 2013 or around September 2013, the Plaintiff received estimates from related construction companies for the purpose of the rooftop waterproof construction work. In addition, all companies deemed that construction works of rooftop floor such as Dogratan flood control are necessary for the purpose of the rooftop waterproof in addition to the length and repair of the ridges.

(A) (B) Since the Plaintiff claimed the water leakage of the rooftop, the water leakage has occurred due to the damage to the floor of the rooftop in its consistent manner until now.

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