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(영문) 서울남부지방법원 2019.05.31 2018가단233925
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 14, 2015, the Plaintiff was awarded a successful bid for the 3rd underground floors and 10st above ground in Gangseo-gu Seoul Metropolitan Government, and completed the registration of ownership transfer in the name of the Plaintiff.

B. On June 15, 2016, the Plaintiff and the Defendant concluded a lease agreement with the Defendant, setting the first floor G heading and H heading (hereinafter “instant store”) of the said F building as KRW 50,000,000, monthly rent of KRW 3,400,00 (excluding value-added tax) and the term of lease from June 15, 2016 to June 15, 2018.

C. The Defendant paid the above lease deposit and operated a coffee store with the trade name “I” at the instant store.

On the other hand, around January 10, 2018, the Plaintiff: (a) carried out a pipeline replacement work on the ground of the first floor drainage pipe of the instant building; (b) around 16th of the same month; and (c) around 880,000 won (including surtax) around the same month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 7, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff: (a) as the Defendant operated a coffee shop at the instant store, the Plaintiff caused an accident where pipes installed to prevent water from draining, and around January 10, 2018, the Plaintiff paid 880,000 won of the construction cost by replacing the first floor sewerage pipe around the 16th day of the same month; and (b) the Defendant is obligated to pay 880,000 won of the above repair construction cost to the Plaintiff.

[B] The Defendant’s management responsibility is not only the Plaintiff, the lessor, but also the cause of its power is irrelevant to the doping. The Defendant’s management responsibility is not only the lessor’s use of the common drainage pipe for other stores, not the exclusive drainage pipe for the part of the Defendant’s possession (i.e. the underground drainage pipe).

Judgment

The evidence submitted by the Plaintiff, such as the statements and videos of evidence Nos. 14-1, 2, and 3, shall be alone at the instant store operated by the Defendant.

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