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(영문) 서울동부지방법원 2019.11.20 2018나24808
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. Facts of recognition;

A. On March 12, 2009, the registration of initial ownership was completed on the five-story apartment houses located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant building”).

Plaintiff

A among the instant buildings, the owner of the fourth E-story (the area of exclusive ownership: 59.73 square meters) among the instant buildings, and the Plaintiff B was the lessee of the said subparagraph, and the Defendant was the owner who acquired the fifth fifth story F (the area of exclusive ownership: 27.18 square meters) among the instant buildings on December 10, 209.

B. On July 29, 2016, Plaintiff A sent to the Defendant a content-certified mail to the effect that “Inasmuch as Plaintiff A was damaged by each of the toilets, suspendr, fung fung, and large banks due to neglecting the management of water supply and drainage and flooring of the instant building F, thereby compensating for the damage.”

C. From October 23, 2016 to November 10, 2016, Plaintiff A paid KRW 12,650,000 (= value-added tax of KRW 11,50,000, value-added tax of KRW 11,50,000) to G, which is a contractor, for the waterproof of the rooftop floor of the instant building and the ceiling of the said subparagraph, as well as the construction of the said subparagraph.

Plaintiff

A sold the above title to H on September 12, 2018.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 5, and 9, each entry, part of Gap evidence 6, the purport of the whole pleadings

2. The parties' assertion

가. 원고들의 주장 피고가 이 사건 옥상 바닥 겸 위 F호 마당 바닥의 방수층을 제거하고 발코니샷시를 설치하는 등으로 증축공사를 함으로써 위 E호의 천정에 누수, 곰팡이가 생기거나 파손되는 등의 피해가 발생하였다.

Accordingly, the plaintiff A, the owner of the rooftop floor at that time, spent 12,650,00 won as the cost of waterproofing and repairing the above rooftop floor, and the plaintiff B, the lessee, had experienced inconvenience and mental shock.

Therefore, the defendant should pay the plaintiff A the above construction cost of KRW 12,650,00,00 for damages, the consolation money of KRW 10,000,00 for consolation money, and the damages for delay for each of the above amounts.

B. The defendant's assertion is above.

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