(영문) 서울중앙지방법원 2014.12.11 2014나44108

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.12.11 2014나44108

손해배상(기)

Text

1. Of the judgment of the court of first instance, KRW 2,00,000 against the Plaintiff and its related thereto from April 17, 2014 to December 11, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the owner of the Dongjak-gu Seoul Metropolitan Government Down-dong 101 (hereinafter “Defendant’s real estate”), and the Plaintiff is the resident of subparagraph 1 of the underground floor of the same building (hereinafter “Plaintiff’s real estate”).

B. On February 15, 2013, the Defendant became aware of the fact that water was leaked from the Plaintiff at the latest time on February 15, 2013, and as a result, the Defendant became aware of the fact that water was leaked from the lower part of the gas boiler connection.

C. At around 04:40 on February 17, 2013, water leakage occurred again on the part of the Plaintiff’s real estate. From the floor of the Defendant’s real estate, Gohaps and remote areas attached to the ceiling of the Plaintiff’s real estate by cutting water out from the floor of the Defendant’s real estate, cut down water, and further cut water up to the floor of the Plaintiff’s real estate.

(hereinafter “instant water leakage accident”). 【No dispute exists with the ground for recognition, each video, Eul’s evidence No. 1 (including paper numbers), and the purport of the whole pleadings, as shown in the evidence No. 1 and No. 2.

2. Determination on the cause of the claim

(a) The possessor of the structure shall be liable to compensate for the damages, in case where the damage has been inflicted on others due to a sacrificing and building up the liability for damages, or a defect in the installation

(Article 758(1) main text of the Civil Act). According to the above facts, the defendant did not immediately repair the gas boiler when he knew that water leakage occurred in the plaintiff's real estate through the floor of the plaintiff's real estate and the defendant's real estate. The defendant did not repair the water leakage accident of this case. Since the defect in the preservation of real estate on the defendant's side, which is the structure the defendant's possession, caused the water leakage accident of this case, the plaintiff is liable to compensate for damages caused by the water leakage accident of this case.

B. (1) The Plaintiff is liable to compensate for property damages due to the leakage of water in the instant case.

참조조문

-민법 제758조 제1항

유사 판례

-창원지방법원진주지원 2016.05.13 2015가단3309

-서울동부지방법원 2019.10.16 2018가단105249

-서울동부지방법원 2017.11.24 2017나1495

-서울남부지방법원 2015.04.23 2015나26

-대전지방법원 2016.10.28 2016나100773