beta
Text
1. The Defendant: (a) KRW 25,468,00 for Plaintiff A; and (b) KRW 2,00,000 for Plaintiff B; and (c) for each of them, from December 12, 2019 to December 12, 2020.
Reasons
1. Facts of recognition;
A. The plaintiff A is the owner of Busan Shipping Daegu D Apartment E (hereinafter "the real estate of this case"). The defendant is the owner of F-ho located on the immediately upper floor of the real estate of this case, and the plaintiff B is the husband of the plaintiff A.
B. (1) Around March 2018, the Plaintiffs received contact from the tenants who leased the instant real estate to the effect that water leakage has occurred in the ceiling and the wall of the instant real estate, and continued to endeavor to reveal the cause of water leakage thereafter, and the Defendant became aware of the occurrence of water leakage in the part of the Defendant’s apartment household toilets around October 2018, and also recognized that there was a cause for water leakage. (2) Since then, the Plaintiffs requested the Defendant to repair and compensate for the repair and damage to the ceiling, wall, floor, etc. of the dwelling space, which is the part damaged by water leakage, but the Defendant did not repair the water leakage portion under the Defendant’s F-ho on April 5, 2019, but did not perform the repair of the instant real estate.
C. As a result of the appraisal of water leakage in this case, it was appraised that the sum of 23,468,00 won was required for living room and bedroom 2, corridor repair work and other construction cost.
The Plaintiffs’ monthly reduction reduced the monthly rent from October 26, 2018 to October 25, 2019 and entered into a short-term contract by reducing one million won from the monthly rent from October 26, 2018 to October 25, 2019 in order to enable the lessees to leave the instant real estate.
[Ground of recognition] The fact that there is no dispute, each entry and video of Gap evidence 1-6 (including each number), the result of the request for appraisal by this court, the purport of whole pleadings
2. According to the above fact of recognition of liability for damages, the defendant is liable to compensate the damages suffered by the plaintiffs due to leakages caused by defects in the construction and preservation of the above building as the owner of D apartment F, unless there are special circumstances.
3. Scope of compensation for damage.