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(영문) 울산지방법원 2017.05.31 2016가단54895
손해배상(기) 등
Text

1. The Defendant paid KRW 5,810,00 to the Plaintiff KRW 5% per annum from June 1, 2016 to May 31, 2017.

Reasons

I. The gist of the Plaintiff’s assertion in this case is that the Plaintiff suffered various damages from water leakage in front of the entrance of the Plaintiff’s house from September 2015 to June 2016, 2016, by asserting that the water leakage in the Defendant’s house (referring to the Plaintiff’s house 201 and hereinafter “Plaintiff’s house”) owned by the Defendant located on the immediate upper floor of the house owned by the Plaintiff (the foregoing 301 location: Provided, That the Defendant sold it to D on April 26, 2016, which was subsequent to the occurrence of water leakage in this case, and completed the registration of ownership transfer thereafter; hereinafter “Defendant’s house”). The Plaintiff claimed damages of KRW 881,00,000,000, including the total damages equivalent to rent.

Ⅱ. Occurrence of liability for damages caused by water leakage; and

1. The facts subsequent to the facts of recognition are acknowledged either in dispute between the parties, or in combination with the purpose of the entire pleadings, on the entries and images of Gap 1 to 3, 7, and 8.

A. The inside structure of the instant loan and the original Defendant’s housing (1) is a multi-household house with the first floor above the ground and the seventh floor above the ground, where the original Defendant’s housing is located, and obtained approval for use on or around January 2008.

(2) The Plaintiff’s housing is located on the second floor 201, the second floor 201, the Defendant’s housing is located on the third floor 301, and is located on the second floor below each other.

B. (1) On December 14, 2015, the Plaintiff sent to the Defendant a certificate of content as follows.

- A lease agreement on the Plaintiff’s housing was concluded on two occasions on September 2015 and around November 2015, but the contract was terminated due to the water leakage phenomenon in the toilet as a result of the lessee’s occupancy, and the Plaintiff paid brokerage commission and the lessee’s director expenses.

- The current leakage is continuing, serious leakages are maintaining the Plaintiff’s housing in a public room, and the Plaintiff’s housing suffers monthly rent damages since September 2015.

- - request water leakage prevention work as soon as possible because the damage continues to be accumulated.

(ii).

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