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(영문) 부산지방법원 2021.01.14 2019가단322114
손해배상(국)
Text

Defendant D’s KRW 5,00,000 and for this, 5% per annum from July 10, 2019 to January 14, 2021.

Reasons

1. Facts of recognition;

A. 1 The deceased A (hereinafter referred to as “the Deceased”) was leased from the J and I on March 30, 2017, by setting the lease deposit amount of KRW 100 million, monthly rent of KRW 350,000,000, and the lease term from April 4, 2017 to April 4, 2019.

2) On May 8, 2017, the Deceased filed a report on the establishment of a medical institution with the head of the north-gu Office in Busan Metropolitan City (hereinafter “the head of the North Korean Office”) to establish “M mental health clinic” (473.85 square meters in the facility area, 4.85 square meters in the hospital, 26 sickbeds in the hospital, 1 nurse, 1 nurse, and 1 nurse; hereinafter “the instant Council member”) in the instant building L, and the head of the North Korean office submitted a report on the establishment of the medical institution to the head of the North Korean office in Busan Metropolitan City (hereinafter “the head of the North Korean office”) on May 19, 2017; and the head of the North Korean office is accompanied by the criteria for facilities of mental medical institutions prescribed in Article 33 of the Medical Service Act, Article 25 of the Enforcement Rule of the same Act, Article 12 of the Mental Health Act, and Article 7 of the Enforcement Rule of the Health Act;

(b) due to the failure to install an automatic fire detection facility or a common power source as prescribed in Article 7 of the Installation and Safety Standards of Fire-Fighting Systems Act, incidental to the fire safety standards;

C. The report on the establishment of a medical institution was not accepted on the ground that the exercise of property rights under Article 23 of the Constitution is against the safety and common interest of the sectional owners, occupants, and facility users under Article 5 of the Act on the Ownership and Management of Aggregate Buildings, and is contrary to the safety and common interest of facility users, and undermining the promotion of public welfare by impeding the safety of a building under Article 1 of the Building Act.

3) On May 26, 2017, the Deceased re-reported the report to the head of the North Korean office on the establishment of the instant council member (hereinafter “the instant report”). On June 16, 2017, the head of the North Korean office, against the Plaintiff, is against the safety and common interests of the sectional owners, occupants, and facility users under Article 5 of the Act on Ownership and Management of Condominium Buildings, and is against the promotion of public welfare by impairing the safety of the building under Article 1 of the Building Act.

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