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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
The Plaintiff is a sectional owner of an officetel 201 underground (hereinafter “instant store”) among the buildings of Songpa-gu Seoul Metropolitan Government Officetel (hereinafter “instant building”), and the Defendant is the head of the management office of the instant building.
The Plaintiff leased the instant store to D around 2013.
The defendant did not pay management expenses, and from July 15, 2014, the defendant taken full-time measures for the store of this case from around the point of this case.
[Grounds for recognition] Facts without dispute and the purport of whole pleadings
Plaintiff’s assertion
The plaintiff asserts as follows as the cause of the claim of this case.
① As the head of the instant building management office, the Defendant interfered with D’s business by taking measures for cutting off the instant store without permission, and thereby, the Defendant suffered damages from the Plaintiff that the Plaintiff could not receive KRW 28 million in total, including monthly rent and management expenses, for the period from July 15, 2014 to 14 months.
② The Defendant brought four chairs of the Plaintiff in the underground parking lot, and destroyed 8 small waves and 4 books, thereby causing damage equivalent to KRW 1 million in the market price of the said household.
③ On August 4, 2015, the Defendant: (a) moved the Plaintiff’s households in the underground parking lot without permission; (b) caused the Plaintiff to incur a total of KRW 570,000,00 for the cost of personnel expenses, fares, etc. to move the said households back to another place.
④ Therefore, the Defendant is liable to compensate the Plaintiff for the total amount of KRW 29.57 million and damages for delay arising from each of the above torts.
Judgment
Article 22(5) of the Management Rules of the building of this case provides that if the management fee is overdue for at least two months, sanctions, such as power failure, suspension of power failure, etc., and management fee shall be imposed for at least two months, the management fee shall be imposed for at least two months.