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1. The Defendant’s KRW 50,000 and the Plaintiff’s annual rate of KRW 5% from February 1, 2014 to May 20, 2015.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the Yeongdeungpo-gu Seoul Metropolitan Government C Apartment and 114 Dong 1801 (hereinafter “1801”), and the Defendant is the owner of the same apartment No. 114 Dong 1901 (hereinafter “1901”) that is the upper floor of 1801.
B. However, even though the management office of the above apartment was involved in the management office of the apartment around the end of the same month when it was discovered that the water leakage prevention of the toilet floor of the 1901 inside the bank room was damaged due to water leakage in the inside bank 1801 on December 12, 2013, it did not completely improve the water leakage phenomenon of the inside bank 1801.
C. At the time of appraiser D’s first on-site investigation (round November 8, 2014), water leakage was cut and water leakage was found to have been leakageed in the inner and bathing room of 1901 floor slives at the time of water leakage, such as rupture, whiteization, change color, pollution, etc. After which, from November 27, 2014 to November 23, 201, it was confirmed that water leakage occurred from the second on-site investigation conducted after being notified that water leakage occurred in the inner and external stream of 1801 (round December 23, 2014). At that time, it was found that water leakage occurred from the inner and external stream of 1901, rather than the water leakage in the inner toilet at the time, and that water leakage flows out from the inner and external stream of 1901 to the wall of the building at the time.
[Ground of recognition] Unsatisfy, each entry and video of Gap 1-3 (including a branch number), the appraiser D's appraisal result, the purport of the whole pleadings
2. Determination
A. According to the facts of the recognition of the liability for damages, it was found that the floor slabs of 1901 owned by the Defendant were in a state that they were not in a state of safety ordinarily required for their use, and such defect in installation or preservation was damaged by water leakage on the side of the toilet of 1901 owned by the Defendant, thereby damaging the stone mounds and lines of the inside bank of 1801 owned by the Plaintiff.