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(영문) 광주고등법원 (전주) 2018.11.22 2017나10706
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

On September 1, 2014, the issue occurred in the “D” located in Kim Jong-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant and H shared 1/2 shares of 1/100 square meters and 441 square meters and 100.16 square meters and 100.16 square meters and 36.3 square meters and 21.60 square meters and 1/2 shares of cement brick and 21.60 square meters and 21.2 square meters and 36.3 square meters of the above land divided from the above land, and the Defendant and H shared 1/60 square meters and 10.16 square meters and 10.62 square meters of the above land (hereinafter “the above buildings”) with respect to the above land and the building.

In addition, on August 25, 2005, the defendant and H prepared a written confirmation confirming that they own a divided building on the partitioned land according to the above agreement and received the authentication.

3) The instant building is a wooden house built as a further Douglas fir and approved for use on January 1, 1930. B. The Plaintiff entered into a lease agreement from the Defendant on October 30, 2013, and part of the instant appurtenant building (hereinafter “instant store”).

(C) On September 1, 2014, the Plaintiff’s wife E was flicked with gas bags for business purpose in order to create implied State water within the instant store, and the instant annexed buildings and the instant buildings were entirely destroyed by fire. The instant annexed buildings and the instant buildings were destroyed by fire.

(hereinafter “instant fire”). 2 On September 2, 2014, the Plaintiff caused the instant fire to the Defendant due to the negligence of the lessee.

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