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(영문) 대구지방법원 2018.09.06 2017가단117180
손해배상(기)
Text

1. The part of the Plaintiff’s respective claims against the Defendants seeking payment of KRW 72,650 shall be dismissed.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who engages in the installation and repair of air conditioners with the trade name of E, accompanied by imprisonment D.

B. On April 29, 2016, Defendant B acquired ownership by completing the registration of ownership transfer due to inheritance due to a consultation and division as of October 15, 2015, which was originally owned by Defendant B, the husband of Defendant B.

C. From February 201, G: (a) from around February 201, part of the building of the third floor as indicated in the separate sheet (hereinafter “instant building”); (b) operated a English private teaching institute; (c) closed the business around October 2014; (d) thereafter, one air-conditioner installed in the part of the second floor that became a public room (hereinafter “instant air-condition”) was transferred free of charge to Defendant C, the fraud of Defendant B, around November 2016.

At the time of the above transfer, the main body of the air conditioner was installed inside the second floor of the building of this case, but the air conditioner was installed on the floor or floor (hereinafter “the road of this case”) which was surrounded by railing or low walls, protruding out from the second floor or above the third floor of the outer wall of the building of this case, with the height of the outer wall of the building of this case.

In the case of this case, the oars was located on a balcony with a height of about 1m a balcony, which can be seen as passing through the third floor of the building of this case. On the floor of the road of this case, there was a large hole excluding only the edge part, and it was placed on the wall of the wall of this case, which covers the above outdoor hole.

E. Around January 2, 2017, Defendant C requested D to move or install the instant air conditioners.

Accordingly, the Plaintiff and D visited the instant building on January 5, 2017, and as at the time, Defendant B, the owner of the instant building, who resides in the third floor housing of the instant building, opened a door to the second floor of the instant building and the third floor housing part leading to the instant road through balcony.

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