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(영문) 수원지방법원 2020.12.17 2020가단532122
손해배상(기)
Text

Defendant B,

A. 5,513,200 won to the Plaintiff and 5% per annum from May 26, 2020 to December 17, 2020.

Reasons

1. Facts of recognition;

A. From July 10, 2015, the Plaintiff is a multi-family housing in Suwon-si, Suwon-si, the area of which is not more than D collective housing (hereinafter “multi-family housing”).

The ownership of Fho Lakes is the first place.

B. Defendant B, after completing the registration of ownership transfer on the instant multi-family housing E on April 18, 2017, has been occupied and used until now.

On the other hand, on August 2, 2017, Defendant B is Defendant C Co., Ltd. and Defendant C Co., Ltd.

As to the instant collective housing E, Defendant B entered into a real estate security trust agreement to secure the performance of the obligation or responsibility borne by Defendant B with respect to the Defendant Company, and completed the registration of ownership transfer based on the trust in the future of Defendant Company.

C. In the toilets, rear balconys, living rooms, kitchens, inner embankments, small banks, etc. in the apartment houses F of this case, "the water leakage in this case does not exceed the damage of water leakage, such as mycofin, in the ceiling and walls."

D. According to the appraiser G’s appraisal result, the water leakage in this case is continuously caused by the deterioration of the toilet and balcony floor of this case’s apartment house E due to the deterioration of the house, and the cost required to repair by means of natural disasters removal, reconstruction, etc., and reconstruction, etc., to the water damage part generated from the toilets of this case’s apartment house F, etc. is equivalent to KRW 7,876,00. [No. 1, 9, each of the entry and images of Eul’s evidence No. 1, Eul’s evidence No. 1, and the appraiser’s appraisal result, the purport of the entire pleadings, as a whole.

2. Claim against the defendant B

A. According to the facts of recognition as to the claim for damages, it is reasonable to view that the water leakage damage in the instant case, which occurred in the toilets, etc. of the instant apartment house No. F, was sustained by Defendant B, and that the water leakage was continuously generated due to the decline in the water-proof performance of the toilets and balcony floors of the instant apartment house No. E used by Defendant B. As such, Defendant B as a structure occupant pursuant to Article 785(1) of the Civil Act.

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