손해배상(기)
1. All claims filed by the Plaintiff (Appointed Party) and the Appointed C are dismissed.
2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.
1. Basic facts
A. On November 26, 2012, the Defendant leased the fourth floor (in the form of a lease contract, the basement was calculated and entered in the fifth floor; hereinafter “the fourth floor of the instant building”) of the real estate listed in the attached Table to the Plaintiff (Appointed Party) as the lease deposit amount of KRW 2 million, monthly rent of KRW 400,000,000, and the lease period from January 1, 2013 to December 31, 2013 (hereinafter “instant lease agreement”).
B. On January 24, 2013, the Plaintiff (Appointed Party) filed a lawsuit seeking confirmation of the right to lease with the Defendant as the court 2013da1296, and claimed that the subject matter of the instant lease is 231m2 of the instant building. The Defendant asserted that only a part of the fourth floor of the instant building (15m2) was the subject matter of the instant lease agreement, but the said court rendered a favorable judgment on June 28, 2013 by the Plaintiff Appointed Party. While the Defendant appealed on the said judgment, the Defendant’s appeal was pronounced and finalized on December 18, 2013.
C. In 2013, the Defendant filed a complaint against the designated party C (hereinafter “designated party”) by intrusion upon the building, etc., but the Jeju District Prosecutors’ Office issued a disposition to the effect that the instant case was suspected (Evidence of Evidence) on August 22, 2013.
[Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 3 and 4, the purport of the whole pleadings
2. Determination as to the assertion on the cause of claim
A. The Plaintiff (Appointed Party) and the Appointed Party (Appointed Party) did not use 115 square meters out of the fourth floor of the instant building for 14 months from January 2013 to February 2014 due to the Defendant’s obstruction. As such, the Defendant is obligated to pay the Plaintiff (Appointed Party) a total of KRW 3,150,000,00 for rent and management expenses corresponding to the said period. (2) The Defendant committed an illegal act in favor of the Defendant in order to bring a lawsuit seeking confirmation of the right of lease against the Defendant, and thus, the Appointed Party (Appointed Party) is investigated as damages.