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(영문) 수원지방법원 2020.02.13 2017가합21711
손해배상(기)
Text

1. The Defendants jointly share KRW 1,000,000 with respect thereto to the Plaintiff and the period from June 29, 2018 to February 13, 2020.

Reasons

1. Basic facts

A. The Plaintiff is the person who was the owner of Ilyang-gu Seoul Metropolitan Government Ctel (hereinafter “officetel”) No. D and E (hereinafter “each building of this case”). Defendant B is the owner or possessor of the 1st floor F or G of the same officetel, the immediate upper floor of each building of this case, and Defendant Ctel management body (hereinafter “Defendant management body”) is the management body established with all sectional owners of officetels as members.

B. From July 2017, the phenomenon of water leakage in the ceiling of each of the instant buildings began. As a result of the appraiser H (hereinafter “appraisal”)’s appraisal, the number of water leakages (hereinafter “water leakages”) was found in the attached Form No. 1, 2, and 3 (hereinafter “the instant water leakages”) as of May 18, 2018. As to the cause, the appraiser expressed an opinion to the effect that “the water leakages occurred due to defects related to the treatment of floor flooding in the existing waterproof layer or the waterproof protection layer, which were initially constructed on officetels and the Defendant B’s arbitrary formation of a water leakages or other waterproofs.”

C. Around June 29, 2018, the Plaintiff paid KRW 1,000,000 to the Plaintiff at its expense when performing a construction work by installing a water tank with water flow to the toilet, wherein the water flows to the toilet by putting the water in a tent by temporary means for the water leakage part of the instant case.

The total sum of KRW 5,039,597 (including value-added tax) is required to repair the water leakage of this case.

E. Meanwhile, the Plaintiff sold each of the instant buildings to I and lost its ownership.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 12 (including branch numbers in case of additional number), the result of appraiser's appraisal, the commission of the appraiser's supplementation and the result of the fact-finding inquiry reply to the appraiser of this court, the purport of whole pleadings

2. The plaintiff's summary of the plaintiff's assertion is the main section for the office of the defendants.

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