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(영문) 창원지방법원마산지원 2015.10.29 2015가단666
손해배상(기)
Text

1. The Defendants jointly share KRW 8,852,886 with respect to the Plaintiff and the period from January 27, 2015 to October 29, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building D located in Changwon-si, Changwon-si (hereinafter “instant building”).

B. On July 29, 2011, Defendant C completed the registration of ownership transfer on the instant building 301, and Defendant C completed the registration of ownership transfer on February 6, 2014.

C. In the vicinity of the Dong wall No. 201 of the instant building, the water fenced from the corridor and the toilet ceiling of the building in this case falls off by one square hole, and the surface of the outer wall is contaminated by water leakage on the south and the slive part of the wall outside of the inner wall and the slive part of the slab boundary.

The plaintiff thought that the causes of water leakage, such as the above paragraph (c), were 301 of the building in this case, and from 2005 when he acquired ownership of the building 201, he requested the owner of the building 301 of this case to perform water leakage repair work. However, the above owner of the building 301 did not comply with the plaintiff's request or complete repair work.

After the Defendants acquired the ownership of the above 301, the Plaintiff requested the Defendant C to repair water leakage, but the Defendant C did not comply with the said request by asserting that it is a water leakage due to external walls.

[Reasons for Recognition] Uncontentious Facts, entry and video of Gap 1 through 6, the result of appraiser E’s appraisal, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Defendants jointly and severally compensate for damages incurred by the Plaintiff, namely, ① KRW 350,000,000, which was incurred by water leakages that occurred in the instant building 301; ② KRW 13,780,000, which was paid around October 201 for the design, board, front glass of the instant building 201; ③ KRW 15,000,000, which was the monthly rent of KRW 1,50,000 for 48 months during which the instant building 301 was not leased, and KRW 86,130,000, which was the sum of KRW 72,00,000 for 48 months.

3. According to Article 758 of the Civil Act as to the occurrence of liability for damages, the possessor of a structure shall compensate for damages if he/she causes damage to another person due to a defect in the installation or preservation of the structure.

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