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(영문) 수원지방법원 2019.12.19 2019나57053
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a person who resides in Yeongdeungpo-gu B apartment and Cdong D (hereinafter “instant subparagraph D”) in Suwon-si, and the Defendant is an autonomous management organization organized by the occupants for the management of the said B apartment including the instant subparagraph D (hereinafter “instant apartment”) and its ancillary facilities.

B. On March 15, 2018, the Defendant confirmed that water leakage was somewhat high in the acquisition of the instant subparagraph D, as a result of a water leakage inspection on the ground that water leakage was generated from stairs of the 15th apartment building C, the instant apartment building C.

Therefore, the defendant notified the plaintiff of the above fact and visited the above subparagraph D to find out the cause, but it was not clear in appearance whether the above leakage phenomenon occurred for the first time in the subparagraph D of this case.

C. The Defendant’s side staff on April 12, 2018, and the same year

5. On September 1 and May 21, 2018, visiting the instant No. D, taking measures, such as diving the water and hot water meters of the measuring instruments, and diagnosed the water source. In this regard, each of the following is written to the effect that “The inspection of the water leakages of the instant No. D and the confirmation guards return to the water meter by checking the water meter by inspecting the water leakages of the instant No. 3. D.”

On July 4, 2018, the Defendant visited the instant subparagraph D again, and agreed that the Plaintiff and the Defendant will not use the toilet on the side of the living room of this case until grasping the causes of water leakage in the Plaintiff and the management office.

E. After that, around August 9, 2019, the water leakage detection company selected by the Plaintiff and the Defendant removed one copy of the lower part of the bathing tank of the instant case and examined the parts of the repair. This is also the same that such measures alone cannot identify the cause of water leakage and, for example, the bathing tank of the instant toilet should be removed.

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