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(영문) 수원지방법원성남지원 2020.05.14 2018가단12536

손해배상(기)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that engages in real estate leasing business in Sung-nam-si Ctel (hereinafter “instant building”), and the Defendant was in office from November 2013 to February 2016 as the head of the said Office of Office of Office of Office of Office of Office of Office Management.

B. On December 27, 2012, the Plaintiff purchased several sections for exclusive use of the instant building and acquired its ownership. The Defendant was charged with interference with business on suspicion that the Plaintiff interfered with the Plaintiff’s business by taking measures to cut off the location of the electric decentralization between August 27, 2014 and July 2015 with respect to 13 officetels owned by the Plaintiff on the ground that the Plaintiff refused to pay the management fees that the former owner of an officetel purchased by the Plaintiff, which was in arrears to the Plaintiff.

C. Article 33 of the Management Rules of the Building of this case provides that the management entity may issue the first demand note to the occupants, and that the management entity may issue the second demand note if the management expenses are delinquent for at least three months, and take measures such as heating, water supply, suspension of electricity supply, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 2, 3, 5, 7, 8, and 10, and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the plaintiff should compensate for damages equivalent to the rent for the period during which the plaintiff could not use the officetels because the defendant prevented the electricity of each of the officetels of this case owned by the plaintiff.

(2) As to this, the Defendant asserts that the Plaintiff did not pay the management expenses, and that the Defendant lawfully taken the measures to cut off part of the officetels in accordance with the management rules.

B. It is not sufficient to say that the measure such as cutting electricity and water was in accordance with the management rules in order to constitute a legitimate act and not to constitute a tort, and that such a measure has been taken.