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(영문) 인천지방법원 2018.05.31 2017나9848

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. On July 1993, the Plaintiff entered into a lease agreement between the deceased C (hereinafter “the deceased”) and the deceased, setting the lease deposit amount of KRW 2,00,000, monthly rent of KRW 140,000, and thereafter, the Plaintiff received from the deceased the lease portion of this case from the deceased, by setting the lease deposit amount of KRW 2,00,000 from July 15, 1993 to September 15, 1994.

B. Since September 15, 1994, the term of lease expired, the above lease was renewed every year under the same conditions as the previous one, and it was renewed every year after it was increased by 290,000 won by 200.

C. After the deceased died, the Defendant completed the registration of ownership transfer on June 14, 2010 as the inheritor of the deceased.

On May 27, 2014, the Defendant notified the Plaintiff of the termination of the said lease agreement, and the Plaintiff delivered the leased portion to the Defendant on July 28, 2015.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. Judgment on the claim for damages caused by a tort

A. The Plaintiff’s assertion that the Defendant: (a) around April 2007, when the tenants divided the two stories of the instant second floor into the tenants and leased the instant second floor; (b) installed one electric measuring instrument under the Plaintiff’s name; and (c) falsely notified the Plaintiff that the electric measuring instrument of the second floor cannot be installed separately by tenants; and (d) the Plaintiff registered the electric measuring instrument of the first floor of the instant second floor under the Plaintiff’s name without obtaining consent from the Plaintiff; (b) from April 2007 to July 28, 2015, the Plaintiff, as a basic living beneficiary, was subject to reduction of and exemption from the electricity fee from the Korea Electric Power Corporation, incurred damage to the Defendant exceeding KRW 4,53,00,000 in excess of the