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1. Of the judgment of the first instance court, the part against the Plaintiff regarding Defendant B, which falls under the following order to pay:
Reasons
1. In the first instance trial, the Plaintiff sought damages of KRW 4,00,000 from the failure to rent the Jongno-gu Seoul Metropolitan Government E apartment (hereinafter “instant apartment”) 314 due to any defect in the installation and preservation of the structure, and KRW 400,000,00 for the repair cost of sewage pipes, and KRW 400,000 for the distribution of the instant apartment in remote areas No. 314 and for the repair cost of the ceiling. However, the first instance court dismissed all of them.
Since only the plaintiff appealed against this, and only the plaintiff voluntarily withdrawn the part seeking damages that occurred due to the failure to rent the apartment of this case 314 in the trial, the scope of the judgment on the party is limited to the cost of repairing sewage pipes and the cost of claiming repair of the apartment of this case out of the damages caused by the defect in the installation or preservation of the structure.
2. Basic facts
A. The Plaintiff is the owner of the instant apartment house 314.
Defendant B is residing in the apartment of this case No. 414, Defendant C is 514, and Defendant D is 513.
B. Around March 2003, the Plaintiff newly established a wastewater treatment plant for public use in the instant apartment complex and connected the wastewater treatment plant for public use.
C. On March 9, 2015, the Plaintiff accepted water leakage amounting to KRW 400,000,000 in the connecting part of the instant apartment complex 314 and the instant apartment complex’s common sewage pipes.
In addition, from the sewage pipes of this case 414, the apartment of this case, which carried water from August 6, 2015, brought about KRW 400,000 on August 6, 2015, re-enters the apartment of this case 314, and repaired the ceiling.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3 and 5, and the purport of the whole pleadings
3. The plaintiff's assertion that water was cut out in the public sewage pipes used by Nos. 414, 514, and 513 of the apartment of this case, and the water was repaired, and the water was re-dried in the remote area No. 314 of the apartment of this case due to water leakage, and the ceiling was repaired. As such, the defendants jointly and severally agreed with the plaintiff to repair the sewage pipes of 300,000 won, and 314 of the remote area and the repair cost of the apartment of this case.