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(영문) 서울중앙지방법원 2018.02.08 2016가단28543
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (applicable for recognition: The non-contentious facts, and described in Gap evidence 1 and 2);

A. The Plaintiff is the owner of the first floor D (hereinafter “Plaintiff’s Housing”) among multi-household houses with the second floor above Gwanak-gu in Seoul Special Metropolitan City.

B. Defendant B purchased from former owners E the first floor D of the above multi-household housing (hereinafter “Defendant’s housing”) around September 10, 2015, and completed the registration of ownership transfer in his/her name on October 15, 2015.

2. Determination on the cause of the claim

A. From August 2015 to February 2, 2016, the Plaintiff suffered damage, such as damage caused by malodor, fung, etc., by a house, which had a mixture of garbage from the water leakage of the Defendant’s house flow into the Plaintiff’s house, such as a living room, inside room, small bank, kitchen, kitchen, and toilet.

The defendant and the former owner E are the owners of the defendant's house, and they are responsible for compensation for the damages suffered by the plaintiff due to leakage due to defects in the establishment and custody of the defendant's house pursuant to Article 758 (1) of the Civil Code

B. The testimony of the witness F alone was insufficient to acknowledge that there was a defect in the installation and preservation of the Defendant’s house, and that there was a damage caused by water leakage in the Plaintiff’s house, and there is no other evidence to acknowledge it.

3. Accordingly, the plaintiff's claim against the defendant is dismissed as it is without merit. It is so decided as per Disposition.

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