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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) On November 23, 2015, the Plaintiff acquired the ownership of the Plaintiff and the Defendant. 1) On November 23, 2015, the Seocho-gu Seoul Building (hereinafter “instant building”).
(2) On December 29, 2015, the Plaintiff purchased 401 heading 401 and completed the registration of ownership transfer on December 29, 2015. The Plaintiff is the E Co., Ltd. (hereinafter “E”) on December 29, 2015.
(2) On December 15, 2015, the Defendant purchased the instant building No. 501, which is the upper floor of the instant building No. 401, and completed the registration of transfer of ownership through a voluntary auction and completed the registration of transfer of ownership on December 15, 2015.
From March 2016, the Defendant is running bath business from around 501, 601, and 701 of the instant building.
B. The height of the ceiling space of the instant building 401 (hereinafter “the instant ceiling space”) installed in the 401cheon of the instant building is 0.92 meters, and the size is 218.06 square meters, and the total volume is 201.08 square meters.
In this case, there are sprinkler pipes and electric light pipes for No. 401 of the building of this case, and air-conditioning pipes and Gutter for bathing facilities of No. 501 of the building of this case (hereinafter “instant pipes”). The said pipes are installed for No. 501 of the instant building (hereinafter “instant pipes”).
Of the instant ceiling parts, the ratio of piping out of the pipes is 1.33%, and 0.2% (15.28% out of the total pipe load) out of which accounts for 401 of the instant building, the sprinkler pipes, electric light wires, and the remainder 1.13% (8% out of the total pipe load) of the pipes.
C. Around August 31, 2016, the Defendant entered into an agreement on compensation for damages between E representative F and the Plaintiff with the following content of water leakage, noise, etc.
1. As to the water leakage and noise generation of the Defendant’s facilities installed in E and the Plaintiff’s ceiling, the Defendant shall repair to the maximum extent.
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