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(영문) 인천지방법원 2019.12.12 2018가합64008
손해배상(기)
Text

1. The Defendant’s KRW 8,900,003 as well as the Plaintiff’s annual rate of 5% from December 6, 2018 to December 12, 2019.

Reasons

1. Basic facts

A. The Michuhol-gu Incheon Metropolitan City Ground A apartment (hereinafter “instant building”) is an aggregate building of three underground floors and 13 stories above ground constructed around 1999. The plaintiff is a council of occupants’ representatives comprised of representatives of apartment occupants from five stories to thirteen stories above the instant building. The managing body of five stories to thirteen stories among the instant building and the underground second stories.

(B) On the other hand, the 1st to 4th above ground and the 3rd above ground of the instant building seems to be managed by the “A Office of Commercial Building Management” consisting of the representatives of occupants from the 1st to 4th above ground of the instant building.

On November 22, 2010, the Defendant awarded a successful bid for each of the buildings listed in the separate sheet located on the first floor of the instant building, which was used as a private house (hereinafter “instant private house”). On November 30, 2010, the Defendant completed the registration of ownership transfer on the ground of “sale due to a voluntary auction,” and leased the instant private house to a third party from January 201.

After that, the instant Bana has been used as a public bath (beata).

C. On November 7, 2014, the Defendant posted a letter of apology stating that “the instant private house business is suspended, plans to repair, or legal disputes with lessees are delayed,” and carried out an external construction work on the two-story ceiling water above the ground.”

In addition, the Defendant performed the instant shooting and the interior works, such as the treatment of crepits and waterproof liquids, around July 2015, and completed repair works. From August 2015, the Defendant had a new lessee resume the instant shooting and business from around August 2015, but the Plaintiff had a new lessee resume the instant shooting and business. However, around August 20, 2015, the Defendant, the owner of the instant friendship, and “the Defendant, the owner of the instant friendship,” caused water leakage from the instant shooting, thereby hindering the use of the underground second floor parking lot.

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