beta
Text
1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. On August 30, 2013, the Plaintiff leased the lease deposit amounting to KRW 110 million, and from August 30, 2013 to August 29, 2015, the lease deposit amount of KRW 100,000,000,000 from the Geumcheon-gu, Busan (hereinafter “instant house”) owned by C from August 30, 2013, and resided in the said house. The Defendant is the starting construction project for constructing the instant house.
B. From June 2014, the Plaintiff demanded repair to C on the ceiling, wall, floor, etc. of the instant house (hereinafter “the instant water”). However, it did not accept the said water. On August 2015, 2015, the Plaintiff transferred the instant house to C and moved to C as the period of the instant lease agreement expires.
C. Meanwhile, the Plaintiff filed a lawsuit against C and F seeking damages from the fact that the instant housing could not be used or benefiting from normally due to the leakage of the instant housing. From the appellate court (Seoul District Court Decision 2016Na6931) to June 9, 2017, the Plaintiff rendered a judgment against the Plaintiff in partial winning the judgment ordering the Plaintiff to pay damages of KRW 1,127,500 and damages for delay thereof, and against F, the said judgment became final and conclusive on October 26, 2017 through the final appeal.
(hereinafter “Prior Civil Litigation”). 【No dispute exists concerning the grounds for recognition, entry in Gap evidence 1 through 9, and the purport of the whole pleadings.
2. The Plaintiff asserted that, around June 2014, the Plaintiff continuously requested C to repair the instant house, and C continuously demanded C to repair the said house, which is a contractor of the instant house. However, the Defendant conspired with C to induce C to repair the said house intentionally, and the Plaintiff did not repair the said house intentionally. Ultimately, the Plaintiff suffered loss from the water leakage to the Haman on August 2015, 2015, even if he left the instant house.