Text
1.The judgment of the first instance, including a claim that has been reduced and added in the trial, shall be modified as follows:
The defendant.
Reasons
1. The plaintiff is the owner of the Jung-gu Seoul Metropolitan Government C Apartment 103 Dong 304 (hereinafter referred to as the "Plaintiff apartment"), and the defendant is the owner of Jung-gu Seoul Metropolitan Government C apartment 103 Dong 404 (hereinafter referred to as the "Defendant apartment").
[Ground for recognition] Unsatisfy
2. The plaintiff suffered loss due to the defect existing in the defendant apartment, which occurred in the plaintiff's assertion, and the defendant is obligated to pay the plaintiff the damages amounting to 3,00,000 won under Article 758 of the Civil Act [the damages amounting to 1,253,33 won [the damages amounting to 1,253,33 won [the damages amounting to 1,253,333 won [the damages amounting to 1,253,123,380 won [the damages amounting to 320,00 won paid by the plaintiff to 1,126,667 won] and the damages amounting to 30,00 won paid by the plaintiff to the plaintiff for the cost of water detection at the time of the appraisal of the court of the first instance.]
3. Determination
A. According to the appraisal results and the overall purport of the pleadings by the trial appraiser D, among the heating pipes of the defendant apartment complex, the fact that the heating water coming from the above part of the connection part was contaminated by the balcony, if the plaintiff apartment flows into the apartment after the plaintiff apartment building, due to the poor speed of the hot water distribution pipe of the defendant apartment complex and the parts connecting the heating pipe, and the heating pipe, the heating water coming from the above part of the connection part was drained and the heating pipe was drained. Thus, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the defects in the defendant apartment building pursuant to Article 758 of the
B. (1) According to the appraisal results and the purport of the entire pleadings by the appraiser D for property damage (A) as above, 129,953 won (i.e., wall 74,486 won, wall 55,467 won) is required to reinte the wall of the balcony and the door to the ceiling, in the case of the contaminated plaintiff's apartment. In the appraisal by the above appraiser, some repair works on the heating pipes of the defendant's apartment that were the cause of water leakage were performed.