beta
(영문) 부산지방법원 2019.05.21 2018가단14713

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 8, 2007, the Defendant completed the registration of ownership transfer with respect to G among Class 1 neighborhood living facilities, Class 2 neighborhood living facilities, and F building in multi-family housing (hereinafter “instant building”) on the 7th underground floor in Busan-gu, Busan-gu.

B. Of the instant building, 6 and 7 floors were residential buildings, 4 households including the Defendant, and 2 through 5 floors were used as bathing places of business. The inside of the instant building was installed with elevators for disabled persons (referring to elevators used as passengers in the instant elevator if they were manufactured and installed to meet the transportation of disabled persons, etc., as defined in subparagraph 1 of Article 2 of the Act on Guarantee of Promotion of Convenience of Persons with Disabilities, the Aged, Pregnant Women, Etc., and hereinafter “the instant elevator”).

C. On April 2016, the Defendant’s wife D entered into a contract on the maintenance of the instant elevator with H, a business entity maintaining the elevator, on behalf of the occupants of the instant building, and paid the elevator maintenance expenses and the management expenses, such as electricity, water supply and water supply, etc., from the occupants, and paid them. Accordingly, the Defendant’s wife D has performed part of the instant building and the elevator management work.

On the other hand, the previous owner of the commercial floor closed the bath business for about two years and left the commercial floor without paying the management expenses, etc., and D requested a lock in H to prevent the elevator from stopping on the commercial floor.

E. Around February 2, 2018, the Plaintiff purchased the instant commercial building floor and completed the registration of ownership transfer at that time. Around March 7, 2018, the Plaintiff purchased the instant commercial building floor and completed the registration of ownership transfer. Around March 7, 2018 with I (hereinafter “I”) the construction cost for the interior and external remodeling works of the second and fifth floors of the instant building, and the construction period.