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(영문) 의정부지방법원 2018.12.06 2018나204481
손해배상(기)
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The Defendant’s grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance. Thus, except for the part of the Defendant’s determination as to the assertion emphasized by the court of first instance, the grounds for the judgment of this court are the same as the grounds for the judgment of the court of first instance, and thus,

2. Additional determination

A. Even if the defendant's argument that the defendant's obligation to manage the defendant so as not to cause damage to the residents below the water leakage, this negligence liability is limited to the defendant's 405 apartment of this case, which is the 405th floor below the defendant's right below, and the defendant's responsibility cannot be imposed even on the water leakage occurred in 305 and 105 of

B. The leakage of the instant apartment Nos. 105 and 305 caused defects in the pipes of the instant apartment No. 505, which are owned by the Defendant. Thus, as alleged by the Defendant, even if there is a rupture on the instant apartment Nos. 405 and 305, or the leakage of the apartment from the apartment owned by the Defendant due to the deterioration of the waterproof facilities reaches 305 and 105, the above section for exclusive use or common use, or the manager of the waterproof facilities, and the Defendant, depending on the factual basis, shall not be exempted from the Defendant’s liability for joint tort.

Therefore, the defendant's argument is without merit.

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed in entirety.

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