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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 2, 2008, C leased the instant real estate among D’s housing located in Seongbuk-gu Seoul (hereinafter “instant real estate”) to the Plaintiff, but it was impossible to receive monthly rent. On March 24, 2011, C filed a lawsuit against the Plaintiff seeking delivery of the instant real estate and payment of overdue rent or unjust enrichment as Seoul Central District Court 201Gahap27597, and the Plaintiff filed a lawsuit seeking reimbursement of overdue rent or unjust enrichment against the Plaintiff. On the counterclaim (Seoul Central District Court 2011Gahap27603), the Plaintiff breached the duty of repair, thereby incurring damages to the Plaintiff due to the inundation’s violation of the duty of repair.
B. On August 19, 2011, the above court rendered a judgment ordering a provisional execution that “the Plaintiff shall deliver the instant real estate to C, and shall pay 400,000 won per month from August 3, 2010 to the completion date of delivery of the instant real estate, and shall pay 6,590,000 won per annum 20% per annum from August 24, 201 to the day of complete payment,” and the Plaintiff’s counterclaim was dismissed.
C. E is an enforcement officer affiliated with the Seoul Central District Court, and upon delegation from C, completed the delivery execution of the instant real estate on December 1, 201 by the judgment of the above provisional execution court, and the transfer execution of the instant real estate was completed. C C C’s custody of the instant corporeal movables, such as CD and small wave, in the instant real estate (hereinafter “instant corporeal movables”) was issued by the court of execution on December 28, 201, and sold it on February 28, 2012 upon receipt of the sale order from the court of execution (Seoul Central District Court 2011T 49613).
On the other hand, the defendant is also an execution officer belonging to the Seoul Central District Court, and around January 2012, prepared a protocol of appraisal of the instant corporeal movables.
(Case Number 201No. 6521). 【Case No. 2011No. 6521】 without any dispute, Gap’s 1 to 3 evidence, Gap’s 5 evidence, Eul’s 1 to 5 evidence (including the number of each issue), the witness G’s testimony, and the whole purport of the pleading.