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(영문) 의정부지방법원 고양지원 2018.05.30 2018가단74484
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The apartment house E-dong and F-Dong (hereinafter referred to as the “instant multi-household house” and F-dong (hereinafter referred to as the “instant building”) are composed of 1,954 square meters underground and 4 floors above the 1,954 square meters above the Mayang-gu, Yangyang-si. Each floor other than F-dong 4 is divided into two sections on the left and right side, and E-dong consists of 10 divided sections (G heading, H, I, H, I, H, L, M, N, N,O, P), 9 divided sections (G heading, H, I, J, H, H, H, H, H, H, M, N, N, N, N, P).

B. Among the instant buildings, registration of the preservation of ownership in Q Q was completed on August 4, 2008 with respect to I, J, K, L, M, N, andO, August 28, 2007 with respect to G, May 28, 2009 with respect to H, and March 4, 2008 with respect to H.

C. On January 13, 2010, Defendant B Company completed each registration of the transfer of ownership on the grounds of “trade on January 16, 2010,” with respect to I, J, L, M, andO among the instant buildings.

On December 3, 2010, Defendant C completed the registration of ownership transfer on the ground of “sale due to compulsory auction on November 24, 2010,” with respect to N (hereinafter “N”) among the instant buildings.

Defendant C leased No. N to R for two years from December 3, 2012, and to S for two years from June 13, 2015.

E. On December 8, 2010, the Plaintiff completed the registration of ownership transfer on the ground of “sale due to compulsory auction on November 16, 2010,” with respect to H among the instant buildings (hereinafter “H”).

F. At around 2013, there was an accident where Hho Lake was flooded, as the public sewage managers of the instant multi-household housing blurged by the wind.

G. Around July 2016, T&U selected as the representative of the occupants of the instant multi-household housing and U.S. agreed to walk 650,000 won from the sectional owners with the consent of the occupants, and the sewage pipe repair work, such as the drainage of pipes, Manle and septic tanks, and the replacement of lids in the instant multi-household housing. Defendant C paid KRW 1,995,00 as the owners of N & E N and P, and P.

Grounds for recognition: Gap 1, 4, 6, 8, and Eul.

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