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(영문) 수원지방법원 성남지원 2018.01.10 2016가단208531
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff operated a private teaching institute with the trade name “D Music Private Teaching Institutes” in Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter referred to as “instant apartment,” and No. 408 referred to as “instant apartment,” respectively.

B. On June 22, 2014, the water pipes for water supply inside the 615 entrance door of the instant apartment building (hereinafter “instant water pipes”) were separated, and water was flooded, and the musical instruments, etc. inside the instant real estate were damaged.

C. Of the “B management rules” amended on April 1, 2014, the part relating to the instant case is as follows, and the attached Tables 2 and 3 are as follows.

Article 5 (Scope of Section for Exclusive Use and Section for Common Use) (1) The section for Exclusive Use is a space used solely by occupants, etc. in a household, as specified in attached Table 2.

(2) The section for common use shall be the housing sections, incidental facilities and welfare facilities falling under any of the following subparagraphs, and the scope thereof shall be as specified in attached Table 3:

1. Section for residential common use: Facilities jointly used by occupants of the relevant building, such as corridor, stairs, portmen and elevators, on the ground floor of multi-family housing;

2. Other common areas: Article 78 [Responsibility for the management of the exclusive part] (1) of the facilities jointly used by all occupants, etc. in the collective housing complex, such as underground floors, living and cultural support rooms, security rooms, senior citizens, playgrounds, amusement rooms, residents' facilities, etc. excluding the area for common use under subparagraph 1, shall be managed at the responsibility and charge of occupants, etc.

Article 79 [Liability for Management of Section for Common Use] The management entity shall manage the section for common use, and shall bear the expenses incurred in such management as management expenses, etc. pursuant to Article 58 (1), (2) and (3) of the Decree (excluding user fees used individually by households

【Ground of recognition” has no dispute, Gap evidence 1 to 4, and Gap evidence 7.

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