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(영문) 부산지방법원 2018.12.19 2015가합1003
손해배상
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is the owner of the 7th floor neighborhood living facilities building (hereinafter "the building of this case") of Busan Geum-gu D's D's ground reinforced concrete structure, and the lessee of some floors of the above building, and the plaintiff Eul is a person who jointly occupies part of the building leased by the plaintiff A with the plaintiff A.

B. From May 2010, Plaintiff A leased and used the underground floor of the instant building from the Defendant on June 21, 2012, and concluded a lease agreement with the Defendant on June 21, 2012 by setting the lease deposit amount of KRW 20 million between the Defendant and the lease term of KRW 1.6 million from June 1, 2012 to June 1, 2013, and KRW 1.65 million from the rent month (including value-added tax).

Plaintiff

A, in addition to the underground floor of the above building, on June 21, 2012, the third floor of the above building was also leased from the defendant on June 21, 2012, with a lease deposit of KRW 20 million, the lease deposit of KRW 1.65 million from June 21, 2012 to June 21, 2013, and the rent of KRW 1.65 million from June 7, 2014. On June 7, 2014, the above five floor of the building was leased from the defendant as lease deposit of KRW 30 million, the lease term of KRW 7, 210,000 from June 7, 2014 to June 6, 2015, the lease contract for the underground floor and the third floor of each above building was renewed on the same condition after the expiration of each lease term, and both Plaintiff A leased and occupied the above third floor and the above third floor of the building up to August 2014.

C. On August 25, 2014, in which the instant building is located, there were various accidents, such as flooding of roads, housing, subways, etc., such as the concentration down in the Busan Geum-gu, where the instant building is located, and the cumulative rainfall of Busan Geum-gu, from 9 A.M. to 3 P.M., was 228.5 meters, and among them, the cumulative rainfall of 189 meters was concentrated between 1 p.m. and 3 p.m.

The building of this case is located at the place where the end price and the flat price of the Ku-gu, Busan and the front part of the building look at the slope of E. The above part of August 25, 2014.

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