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(영문) 서울동부지방법원 2016.01.29 2015나993
손해배상
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The Defendant’s basic facts do not dispute between the parties that each sectional owner of Seongdong-gu Seoul, Seongdong-gu 402, Plaintiff A, and Plaintiff B, the sectional owner of the above DB 202.

2. The plaintiffs' assertion and judgment

A. The Defendant asserted that the Plaintiff had a construction work to expand the size of 19 square meters in the panel and the new city in the bend part of the above 402 to residential areas. After the construction, there were damages, such as rupture, ice, and rupture, on each balcony river, wall, and 202, due to water leakage in the above bend part of the benda.

In addition, due to the defects of the excellent pipes installed by the defendant at the time of the construction, there were damages such as inflowing water, blocking drainage, or causing damages to parking vehicles due to the fall of sewage.

Therefore, the Defendant is obliged to pay KRW 4,000,000 for each of the plaintiffs for construction expenses incurred in repairing the damages of balcony, etc. suffered by the plaintiffs, and to pay KRW 1,000,000 for each of the compensation for mental damage suffered by the plaintiffs.

B. (1) According to the Plaintiff’s appraisal result of the first instance court’s appraiser E with respect to the claim portion of balcony damage claim of the Plaintiff A, it is recognized that the Plaintiff’s 302 wall cracks and water leakages of the balcony 302, 234,855 won (=195,440 won), and the costs of the balcony 234,855 won (=195,440 won) were incurred in repairing these parts, due to water leakage in the relevant benda part after the Defendant’s 402 Vietnam expansion construction work.

According to the above facts of recognition, the defendant, the owner of the above 402, is obligated to pay 234,855 won for the repair of defects and damages for delay to the plaintiff A who suffered from the defect of the section for exclusive use.

(2) Next, with respect to the claim for damages to the balcony No. 202 of the Plaintiff B, the damage, such as health room, balcony tent, wall water leakage and whiteization, etc. claimed by the Plaintiff B, is caused by the 402 Vietnames.

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