(영문) 울산지방법원 2016.07.08 2015가단57743

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(영문) 울산지방법원 2016.07.08 2015가단57743

손해배상(기)

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted that they are owners of Nos. 402 and 302 of the building E in Ulsan-gu, Ulsan-gu, and the defendant C is the tenant of the above building No. 502, and the defendant D is the owner of the above 502.

From around 2014, as a result, water leakage occurred in the laundry room, etc., the Plaintiff incurred a loss equivalent to the monthly rent due to the lessee’s loss of KRW 1,070,00, repair cost of KRW 6,210,00, and future repair cost of KRW 13,913,560, as well as the loss and water leakage of KRW 13,913,560.

Plaintiff

B has suffered 6,09,00 won of repair costs.

Thus, Defendant C and Defendant D, the owner of the above 502, who contributed to the expansion of the above damage by the lessee under the above 502, are jointly and severally liable to compensate the plaintiffs for the damage caused by water leakage during the possession and use under the above 502.

2. The judgment of the court below is the owner of 402 apartment housing (F building) of the 5th E in Ulsan-gu, Ulsan-gu, and the plaintiff B is the owner of the above 302 building and the defendant D is the owner of the above 502 building, and the plaintiff C is the lessee of the above 502 building. There is no dispute between the parties.

Furthermore, as to whether the plaintiffs suffered damage from water leakage during the possession and use of the above building 502, only the descriptions of Gap evidence 7-1 through 10, Gap evidence 8-1, 2, Gap evidence 9, Gap evidence 10, Gap evidence 11-1 through 8, Gap evidence 12, Gap evidence 13, Gap evidence 14-1 through 3, and there is no other evidence to acknowledge them.

Rather, according to the appraiser G’s appraisal result, the damage of water leakage of the building owned by the plaintiffs was not caused by the use of the above building 502, but caused by the defect part of the sand site panel part connected to the outer wall, the rupture part of the sand site panel and the outer wall part.

Therefore, the plaintiffs damages caused by leakage during the possession and use of the above building 502.

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