2023年1月22日 星期日

the water of the 4th floor leaks to the 3rd floor. the resident of the 3rd floor apply the mediation.

the summary of the case:
the water of the 4th floor leaks to the 3rd floor. the resident of the 3rd floor apply the mediation.
the clause of the settlement:
1. the resident of the 4th floor promise to fix the problem of the water leakage, until not leaks to the 3rd floor, and promise fix up in a month since today.
2. the fee of the fixing would be paid by the resident of the 4th floor.
3. the both party give up the civil right of the claim in these case, and give up the right of the crime complaint.

the grounds of the judge disapproving:
the relationship of the petitioner and the 3rd floor of the building is not clear, can't review the petitioner goes to the mediation by what reason.

in Taiwan, there is rainy and warm, the water leakage between the up and down floors of the building is frequency.
If the case goes to the court, the judge will pass it to the civil engineers association for identification.
the identification of the water leakage including this stages:
1. the simple checking, the fee is 5000 new Taiwan dollar, the engineer take a look on site only.
2. the formal identification, the fee is 50,000. this is the process of the  inspecting the origin of water leakage and how to fix.
3. fixing the water leakage, the fee depending on the case, this is the major part of the law enforcement if the defendant don't fix up.

in Taiwan, the mediation of the borough hall is free of charge, but the borough hall would not pass the case to the engineers association for identification.
the settlement between the parties is done by themself, not by mediator.
if the up floor admit that the responsibility of the leakage is on him, and promise fix it, the settlement is established.
then I written down the clause according to the statement of both parties.
in order to avoid the ownership of the involved floors in disputation, I usually write down the floors managed by someone instead ownership.
I don't understand the meaning of the judge's disapproving.
the someone without relationship with some floor, can't he make the mediation or reach the settlement?
before sign a contract, there is no relationship between some people, is of course.
why require the relationship between the petitioner and some floor to make the precondition into the case?

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