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(영문) 수원지방법원 2017.10.27 2016나21107

손해배상

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties is the sectional owner of Suwon-si C (hereinafter “instant building”) 401, and the Defendant is the sectional owner of the said building 402.

B. D Co., Ltd.: (a) from April 1, 2014 to November 14, 2015; (b) the lease deposit amount of KRW 20,00,000; and (c) monthly rent of KRW 1,80,000; and (d) the Defendant leased the instant building No. 402 from April 1, 2014 to November 14, 2015; (b) the lease deposit of KRW 14,00,000; and (c) the monthly rent of KRW 1,360,00; and (d) the Plaintiff leased the instant building No. 401,402, and the instant building No. 401, 403 (hereinafter “the entire head of the instant building”); and (d) the Plaintiff separated the instant building No. 401, 402, and 403 (hereinafter “No. 4,000”).

C. Upon the termination of each lease agreement and re-establishment 1 of partitions, D could not pay the difference between the Plaintiff and the Defendant from a certain point of time during the above lease period. The Plaintiff and the Defendant filed a lawsuit against D on April 23, 2015 against Suwon District Court 2015Ra113633, which was a sectional owner of the instant building 403. On July 10, 2015, “D shall deliver the instant building 401 to the Plaintiff until September 1, 2015, and 402, and the instant building 403 to E, respectively, to the Defendant, and it became final and conclusive on July 30, 2015, D did not remove the instant building to its original state in accordance with the above settlement recommendation to the Plaintiff and the Defendant on July 14, 2015.