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(영문) 인천지방법원 2020.12.08 2020나568
손해배상
Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Facts of recognition;

A. The plaintiff is the resident of Bupyeong-si C (hereinafter "the apartment of this case") D (hereinafter "the plaintiff's apartment of this case"), and the defendant is the owner of the above E (hereinafter "the defendant apartment of this case").

B. From February 26, 2018, the Plaintiff began to flow out water from the inner ceiling and wall of the apartment (hereinafter “instant water leakage”). On the same day, the Plaintiff reported water leakage damage to the management office of the instant apartment on the same day.

The Plaintiff suffered water leakage damage from the water leakage of the instant case to a tent, remote area, intermediary, floor, floor floor, bend, wall balcon, wall balp, small wall balp, wall balp, wall balp, wall balp of the bank, wall surface date of the bank, and cell remote areas.

(hereinafter “instant damage”). C.

The management office of the apartment in this case confirmed that the water leakage in this case was caused by the corrosion of the heating branch that belongs to the part of exclusive ownership of the defendant apartment, and the F, upon receiving a request for repair works from the above management office, performed installation works for replacing the heating branch of the defendant apartment on March 7, 2018, and thereafter, the plaintiff apartment did not have any leakage phenomenon in the plaintiff apartment.

On the other hand, the plaintiff accepted the whole apartment on March 1, 2016, and occupied it, and has been living in the above apartment until now.

The Plaintiff spent 5,743,00 won in total (= KRW 4,928,00 in total) of KRW 5,743,00 in the name of the Plaintiff’s apartment complex’s inner ceiling and floor construction cost, etc. (= KRW 4,928,00 in KRW 815,00 in the name of the Plaintiff’s apartment complex’s inner ceiling and floor construction cost).

[Reasons for Recognition] Facts without dispute, Gap evidence 2 through 16, Eul evidence 3 (including each number in the case of additional evidence) or video, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the occurrence and scope of the liability for damages, the Plaintiff is water as the ceiling of the Plaintiff’s apartment due to the corrosion of the heating branch, which is the exclusive part of the Defendant apartment.

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