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(영문) 서울남부지방법원 2017.08.31 2016나59926
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. Facts of recognition;

A. On June 21, 2013, the Plaintiff is the owner of Gangseo-gu Seoul Metropolitan Government multi-household house 201, which completed the registration of ownership transfer, and the Defendant is the owner of 301, the upper house.

B. From January 2015 to March 2015, the Plaintiff increased myi in the 201st Fungcheon Book and demanded the Defendant to complete the repair work by finding water sources and having caused damage to the water flow out with the head of the YY and the head of each room and the wall.

C. However, on May 28, 2015, when the water source was not properly revealed, it was revealed that the sewage pipes of the Defendant’s house (No. 301) were sold, and the water leakage did not occur any longer than 201 after the repair work was executed.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 8 and the purport of the whole pleadings

2. According to the facts of the recognition of the liability for damages, the Defendant, as the owner of the housing No. 301, did not repair the bathing room pipeline even though he had the duty to repair it, so the water leakage occurred. Thus, the Defendant is liable to compensate the Plaintiff for damages caused by water leakage.

In light of the fact that from November 30, 201 before completing the registration of ownership transfer as to the above 301, the Defendant asserts that, in light of the fact that there was a lawsuit for damages arising from water leakage between the former owners of 201 and 301 before completing the registration of ownership transfer as to the above 301, the damages alleged to be incurred by the Plaintiff are damages suffered by the former owners of 201 who sold it to the Plaintiff or 301 who sold No. 301 to the Defendant, the former owners

However, on May 28, 2015, after the acquisition of each ownership by the Defendant and the Plaintiff, the number of this case occurred due to the heat of the bathing room and drainage pipe for the Defendant’s house owned by the Defendant, and even according to the Defendant’s assertion, it is due to the defect of the house owned by the Defendant (301) in the lawsuit between the former owners of the above 201 and 301.

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