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(영문) 부산지방법원 2015.04.24 2014나10684
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the money ordered to be paid under the following subparagraphs shall be revoked, respectively.

Reasons

1. Basic facts

A. On September 30, 201, the Plaintiff purchased D Apartment-gu Busan Metropolitan City (hereinafter “instant apartment”) No. 301 from E and completed the registration of ownership transfer on October 5, 201, and moved to the current domicile around December 2013 while residing in the Plaintiff’s subparagraph 301.

B. Defendant C received a successful bid in the auction procedure for the instant apartment No. 401, and completed the registration of ownership transfer on March 13, 2009. Defendant B purchased the above No. 401 from Defendant C on March 5, 2012 and completed the registration of ownership transfer on the same date, and resided in the above No. 401.

C. From the time the Plaintiff occupied the instant apartment 301, water leakage damages, such as cutting off water from the wall of the instant apartment 301, caused continuous occurrence of water leakage damages to the floor of the living room. From April 12, 2012 to May 1, 2012, the Plaintiff performed water leakage prevention works and other artificial engineering works under subparagraphs 301 and 401 of the instant apartment 301 and spent KRW 7,960,000 at the expense for water leakage prevention works.

[Reasons for Recognition: Facts without dispute, Gap evidence 2 through 4, Gap evidence 2-2, Eul evidence 2, the purport of whole pleadings]

2. Determination as to the cause of action

A. The plaintiff's assertion that the plaintiff suffered property damage of KRW 6,40,000,00 of construction cost as property damage due to water leakage under 401 of the apartment of this case. Thus, the defendant Eul, the owner of the apartment of this case, and the defendant C, the previous owner, are jointly and severally liable to pay the plaintiff each of the above damages and damages for delay.

B. According to the conclusion of the judgment on the claim for property damages by the Defendants, the occurrence of the Defendants’ liability for damages, the appraisal result by the appraiser F of the first instance trial, and the purport of the entire pleadings, the Plaintiff was from the bathing room of the instant apartment No. 401 at the time of occupancy of the instant apartment No. 301, and thereby, the apartment No. 301.

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