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(영문) 광주지방법원 2017.12.14 2016가단17137
손해배상(기) 등
Text

1. As to the Plaintiff KRW 4,114,00 and KRW 600,00 among them, the Defendant shall pay to the Plaintiff KRW 60,000 from May 24, 2016, and KRW 60,000.

Reasons

1. Facts of recognition;

A. The three-story multi-story housing (road name address: E) of Gwangju Northern-gu and D ground C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C, the C:

B. The defendant on April 30, 1992 with respect to the second floor of the above apartment house No. 201, No. 201, 56.25 square meters, the same year

4. 9. The plaintiff completed the registration of ownership transfer in his future on the grounds of sale by 9.1. The plaintiff on April 4, 2006 for the same year as to the 101m25m25m2 of the iron farm No. 101 on the first floor of the above tenement house.

3. 27.The registration of ownership transfer shall be completed in its future on the grounds of sale.

C. On April 14, 2017, the water supply volume of the heating pipe No. 201 was already cut, and the heating pipe was not used. At the time of the conclusion of the instant argument, the above No. 201 was occupied by the Defendant, and the above No. 101 did not cause damage due to water leakage.

[Ground of recognition] A-1, 1-2, result of appraisal commission, fact-finding conducted on September 18, 2017 to the Korea Disaster Institute, an incorporated foundation, and the purport of the entire pleadings.

2. The assertion and judgment

A. 1) In light of the overall purport of arguments as a result of fact inquiries by the Korea Disaster Institute on June 2, 2017 and by September 18, 2017, the Plaintiff spent KRW 60,00 for performing the double construction work under subparagraph 101 on April 2014 due to leakages generated from heating pipes under subparagraph 201, and KRW 3,454,000 for repair construction cost under the above subparagraph 101 and KRW 3,454,000 for additional construction cost, and KRW 7,00 for the following day, pursuant to Article 758(1) of the Civil Act, the Defendant can be sufficiently recognized to have demanded that the Plaintiff compensate the Plaintiff for damages under Article 758(2) of the Civil Act (i.e., KRW 4,114,00 for damages (i., June 2, 201; ii., KRW 600,600 for the complaint and KRW 205,000 for the following day).

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