beta
(영문) 서울중앙지방법원 2014.01.16 2012가단252485

손해배상

Text

1. The Defendant: (a) KRW 954,170 for each of the Plaintiffs, as well as 5% per annum from December 4, 2013 to January 16, 2014; and (b).

Reasons

1. Basic facts

A. In accordance with the Safety Control and Business of Liquefied Petroleum Gas Act, the Defendant concluded a contract with the managing body for collective supply management of liquefied petroleum gas collective supply with respect to 296 households in Gangwon-gun H-gun, Gangwon-do, which is engaged in a business of collectively supplying liquefied petroleum gas through pipelines according to general demand and supplied liquefied petroleum gas to each household.

B. F was awarded a successful bid of H Housing No. 2 and No. 103 (hereinafter “instant building”) in the Chuncheon District Court I auction procedure, and completed the registration of ownership transfer in its name on April 7, 2005.

At the time, the Defendant did not supply liquefied petroleum gas to the instant building on the grounds of delinquency in gas charges, etc.

C.F subsequently filed an application with the Defendant for the supply of liquefied petroleum gas to the instant building, but the Defendant rejected the application by demanding F to pay gas charges in arrears by all the occupants, etc. of the instant building.

Accordingly, F has filed a civil petition against the above issues with the head of Ycheon-do, but has not been resolved.

The F died on February 24, 2007, and the Plaintiffs inherited their property at the ratio of 1/5 shares, and the Plaintiffs filed a report on the inheritance limited approval with the Chuncheon District Court 2012-Ma101, and the said court accepted the report on March 30, 2012.

After that, the Plaintiffs filed an application for the appointment of an administrator of inherited property with the Chuncheon District Court 2012 Ma237, and on June 8, 2012, the said court appointed G as the administrator of the co-property of the deceasedF.

E. Around July 2012, G applied again to the Defendant for the supply of liquefied petroleum gas to the instant building, but the Defendant again rejected such application for the foregoing reasons.

After the filing of the instant lawsuit, the Defendant began to supply liquefied petroleum gas to the instant building on May 1, 2013.

F. As to the instant building, from September 18, 2009.