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1. The Defendant each of the Plaintiffs’ KRW 2,224,750, and 5% per annum from May 14, 2019 to August 22, 2019, respectively.
Reasons
1. Facts of recognition;
A. Since the Plaintiffs acquired ownership of the Seocho-gu Seoul Metropolitan Government D Building and Fho (hereinafter “F”) on November 1, 2002 each one-half equity shares, they are owners and occupants who have been residing until now. The Defendant is also owners and occupants who acquired the ownership of subparagraph E, a household of the above apartment on October 11, 2002.
(b) From September 14, 2015 and June 23, 2016, water leakage occurred in the Fho Lake and flow out of the wall, and again, from March 8, 2018.
4. Until June, a water leakage occurred intermittently in the same place, such as the occurrence of a water ice, etc., which led to the occurrence of damage to the inside bank and remote areas, the occurrence of pollution, and mycoding.
C. This is a phenomenon that occurs from the leakage of daily sewage, which is leakaged by the waterproof vulnerability of the floor of a bathing room abutting on the inside bank, the apartment of the above floor, through the following walls and sludge cracks for a long time.
In order to repair the damage of water leakage generated in F, the construction cost of KRW 4,449,50 is the same as the construction cost of KRW 4,50, and the construction of the attached list is necessary to remove the water source and prevent water leakage.
[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, 4, 5, 9 and images (including satisfy numbers), appraiser G’s appraisal results and testimony, the purport of the whole pleadings
2. Determination on the cause of the claim
A. (1) Since the damage from leakage damage compensation F due to the defect in subparagraph (e), the Defendant, the possessor and owner in subparagraph (E) concurrently, is obliged to pay the Plaintiffs the repair cost incurred in restoring water leakage damage, in accordance with Article 758 of the Civil Act.
(2) The Plaintiffs claiming litigation costs are damages, and the sum of the appraisal costs of KRW 3,630,000, attorney’s fees and stamp fees, and service fees, 660.