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(영문) 부산지방법원 2017.03.07 2015가단78655
손해배상(기)
Text

1. The plaintiff, the council of occupants' representatives of defendant B apartments, the council of occupants' representatives of defendant C, and the defendant C, the 2,780,096 won and the above money.

Reasons

1. Basic facts

A. The Plaintiff is the owner and resident of the Gangseo-gu Busan Metropolitan City B Apartment (hereinafter “instant apartment”) No. 102 Dong 104 (hereinafter “instant apartment”). Defendant C is the owner and resident of the same apartment 102 Dong 204 (hereinafter “instant 204”) located on the upper floor, and Defendant B apartment council (hereinafter “Defendant B apartment council”) manages the common areas of the instant apartment.

B. From around 2008, water leakage (hereinafter “water leakage damage, such as a bank”) occurred repeatedly from the wall of the main and living room of the instant case from the main and living room (hereinafter “water leakage”) around July 201, the management office performed repair works for the public sewerage pipes installed in the walls of the multi-use room No. 102, 304 of the instant apartment building at the management office around July 201 and stopped water leakage.

Meanwhile, from February 201, water leakage (hereinafter “water leakage damage”) occurred repeatedly in the toilets of this case from February 1, 201 to February 1, 201.

C. As a result of the appraiser D of this Court’s appraisal of water leakage on the instant 104, it was confirmed that there was any scamblings on the wall of the kitchen and the ward, but currently there was no water leakage, and that water leakages were found in the pipes of the scam and the pipe connected part, respectively.

[Ground of recognition] Gap evidence Nos. 1 and 2 (including paper numbers), Eul evidence Nos. 2-1 through 5, the result of the appraisal of appraiser D by this court, the purport of the whole pleadings

2. Determination

A. The facts as seen earlier prior to the occurrence of liability for damages, the evidence as mentioned earlier, and the following circumstances acknowledged by the statement No. 3, namely, ① The management rules of the apartment of this case set the section for common use if not less than two households use even pipes installed in the wall of the section for exclusive use, and the joint sewerage pipes installed in the wall of the multi-use building No. 102, 304, the apartment of this case.

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