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(영문) 서울북부지방법원 2017.11.02 2016가합275
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Dongdaemun-gu Seoul Metropolitan Government building C (hereinafter “instant building”) is a main complex building consisting of E-dong (750 apartment buildings, 60 apartment buildings) constructed on the ground D and G Dong (648 apartment buildings, 28 apartment buildings) constructed on the F ground.

B. Under Article 23 of the Act on the Ownership and Management of Aggregate Buildings, the Defendant is a management body comprised of all sectional owners of the commercial buildings and apartment buildings for the purpose of executing the management of the said building, site and attached facilities.

The Plaintiffs, as married couple, jointly operate H on the first floor of the instant building G G-dong, and the second floor of G-dong is used as a warehouse of H.

C. The 7th underground floor of the instant building consists of a mechanical room and an electricity room (hereinafter “electric room”), the 3 through the 6th underground floor are parking lots, the 2nd underground floor are call text (operator: i) and the 1st underground floor are used as a restaurant (operator: J). The 3rd and the 4th underground floor are vacant rooms, and the 5th and the 21st underground floor are apartment units.

On January 29, 2016, around 1st day of the new wall, the instant building G-dong water pipes (hereinafter “instant water pipes”) located between the fourth floor and the fifth floor (the fourth floor above the ground) of the instant building (hereinafter “instant accident”). As a result, the instant water pipes, etc. owned by the Plaintiffs, which were kept on the second floor above the ground, suffered damages that make it impossible to use and sell the water milching in the water.

[Ground of recognition] Facts without dispute, Gap evidence 1, 10 to 14, Eul evidence 11 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On January 27, 2017, a second day prior to the instant accident, the gist of the assertion occurred, which occurred in the instant water pipe.

J and Defendant K’s employees, who possessed the fourth floor above the ground at the time of operating a restaurant from G-dong 1st floor of the instant building, with water flow in the water pipe where water leakage phenomenon occurred, shall not flow out. The 5th floor water tank valves and the 7th underground floor of the instant building.

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