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(영문) 서울중앙지방법원 2019.08.23 2018나82467

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Jung-gu Seoul Metropolitan Government (hereinafter “instant apartment”) C and Ddong (hereinafter “Plaintiff apartment”), and F is the owner of the Plaintiff apartment on April 9, 2018, with the lease deposit of KRW 500,000,000, and the lease term of KRW 24 months on April 9, 2018, and thereafter leased the Plaintiff apartment.

5. From 14.1, the above apartment was used, and the defendant is the owner of the apartment G of this case (hereinafter referred to as the "Defendant apartment") who is the upper floor.

B. On July 2018, damage and residues of heating pipes located at the lower end of the Defendant apartment complex caused damage to the Plaintiff’s apartment complex to the inner ceiling and walls, living room walls, entrance ceiling, etc., on the wind of the Plaintiff apartment, and the damage was caused by water leakage that caused damage to the F-owned fire and single uniforms, etc. from being mil into the water.

(hereinafter “instant number”)

1. By February 28, 2019:

A. The Plaintiff shall pay F KRW 506,120,000 to F.

B. F shall deliver the Plaintiff’s apartment to the Plaintiff.

2. The above 1-A

(b) subsection (b).

subsection (1) shall be simultaneously performed.

3. By the date indicated in the above paragraph (1) above.

(a) F. F. 1-b.

Despite the performance of the obligations described in the subsection, the plaintiff 1-A.

In the event of failure to perform the obligation described in paragraph (1), the Plaintiff shall pay to F the unpaid amount at the rate of 15 percent (15%) per annum from March 1, 2019 to the date of full payment:

B. The plaintiff 1-A

F despite the fulfillment of the obligations described in paragraph 1(b) above;

In the event that the obligation described in paragraph (1) is not fulfilled, F shall separately pay to the Plaintiff the money that the Plaintiff received at the rate of 15% per annum from March 1, 2019 to the date of delivery of the apartment.

4. When a decision to recommend reconciliation in this case becomes final and conclusive, F shall actively cooperate with the Plaintiff in the repair, lease and sale of the Plaintiff’s apartment.

5. The F shall waive the remainder of the claims.

6. Costs of lawsuit and costs of compromise shall be borne individually by each person;

(c).