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1. Defendant C and D each of the Plaintiff’s KRW 4,629,121 as well as 5% per annum from June 17, 2017 to September 27, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of F Building G Dong-dong (hereinafter “instant loan”) in Gangnam-gu Seoul E-ground Condominium, Seoul, and Defendant C and D owned one-half shares in each of the subparagraphs 1 and 2 of the instant loan I. Defendant C and D, on March 12, 2015, set the instant loan I No. 3.50 million won from Defendant C and D, and the term of lease from June 10, 2015 to June 9, 2017.
B. On August 27, 1983, 1983, each sectional owners in the whole 9 units have occupied and used the underground floor, which is common areas, exclusively by dividing the division of the underground floor. The plaintiff occupies and uses the underground H, the defendant C, and D respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 6, the purport of the whole pleadings
2. The Plaintiff’s assertion defects in the construction or preservation of the instant loan No. 1 and underground No. 1 were caused by water leakages from around 2007 to H and underground No. 1. Thus, Defendant B, the possessor of the instant loan No. 11,042,334 won, and damages for delay are obligated to pay to the Plaintiff, as the possessor of the structure, the total of KRW 16,042,334 won of the defect repair construction cost and KRW 5,000,000,000,000 for the defect repair construction cost. In addition, Defendant C, the owner of the instant loan No. 1 and underground No. 1 (hereinafter “preliminary Defendants”), the owner of the instant loan No. 1 and the instant underground No. 1,021,167 won (=16,042,334 won/2) to the Plaintiff.
3. Judgment on the claim against the primary defendant
A. The primary defendant's primary defendant did not have possession of an underground No. 1 of the loan of this case, and thus there is no liability to compensate for the damages.
It cannot be readily concluded that water leakage has occurred due to the defect in the Bara No. 1, and even if so, the aforementioned defect repair obligation is the conjunctive Defendants, the owner of the I.