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(영문) 제주지방법원 2020.06.23 2018가단58716
누수방지공사 이행 등
Text

1. The defendant's KRW 16,883,391 per annum against each of the plaintiffs and 5% per annum from May 29, 2018 to June 23, 2020.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of 1/2 shares of the Plaintiff apartment No. D at Jeju-si (hereinafter “instant apartment”) F (hereinafter “Plaintiff apartment”), and the Defendant is the owners of E-ho, the immediate upper floor of the Plaintiff apartment (hereinafter “Defendant apartment”).

B. Around February 2018, the Defendant started artificial insemination construction, including installation of bathing rooms in the inner toilets of the Defendant apartment, and the Plaintiffs discovered water leakage from the Fho Lake toilet of the Plaintiff apartment around February 9, 2018.

C. The Plaintiffs requested the Defendant to perform water leakage prevention works, and some of the construction works performed, but the water leakage (hereinafter “water leakage”) occurred even thereafter.

Until June 22, 2018, the Plaintiffs continuously demanded the Defendant to perform water leakage prevention works. However, the Defendant rejected the Plaintiffs’ demand to perform water leakage prevention works on the grounds that “the water leakage prevention works were performed, and the water leakage source as alleged by the Plaintiffs cannot be recognized.”

E. The causes of water leakage and the cost of remuneration for the result of the appraisal commission for appraiser G in this Court are as follows:

1. The cause of water leakage;

A. The water leakage generated from the Plaintiff’s apartment room, drum room, and bath room is examined as the causes of the destruction of the waterproof layer and the surrounding damage, which is the floor drainage room, in the process of installing a shower room, and the alteration of the shower room in the Defendant apartment room and the apartment apartment room. In the case of the indoor bath room, the water leakage is examined as the main causes of the water leakage (damage to the floor level) for the installation location of the newly installed bathing room and for the installation of a shower room.

The state due to the deterioration of white mentor of other days can be the source of water generated on the surface of the new and old typat, and the state of hack Paris breeding due to the gens of sewage used in bathing rooms is considered to have continued for a long period of time.

The thickness built on the floor of the bathing room for the apartment of the defendant is equal to that of the other.

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