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(영문) 인천지방법원 2016.07.08 2016가단203178
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Under the management rules, the Defendant is an organization consisting of the sectional owners of C Condominiums in Sititu, and is performing the management of the said Condominiums. On August 28, 2009, the Plaintiff completed the registration of ownership transfer on the ground of sale due to voluntary auction on August 10, 2009 with respect to the first floor of the said Condominiums (hereinafter “each commercial building of this case”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, and Gap evidence 2

2. The Plaintiff asserts that the Plaintiff is liable to pay 150,000,000 won (i.e., the monthly rent of 50,000 won x 4 75 months), which is the amount equivalent to the rent of each of the above commercial buildings, to the Plaintiff as compensation for damages, since the Plaintiff was unable to obtain the rent because the Defendant management of each of the above commercial buildings significantly unfaithfully and negligently, such as neglecting the third party’s unauthorized occupation and the storage of goods from around August 28, 2009 to November 2015.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant neglected the management of each of the instant commercial buildings owned by the Plaintiff, and there is no other evidence to acknowledge this otherwise, and it is difficult to view that there is a substantial causal relationship between the failure to manage each of the instant commercial buildings and the loss of the Plaintiff’s rent revenue.

Therefore, the plaintiff's claim for damages of this case is without merit, and it is dismissed. It is so decided as per Disposition.

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