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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D is the owner of G, H, I, J, K, and L among the F buildings located on the ground of Seoul Special Metropolitan City E and two lots (hereinafter “instant building”), and the Defendant is the wife of D.
B. 1) M (the spouse of the defendant)
B) As between D on May 29, 1999, the building L of this case (hereinafter referred to as “instant house”) is as between D and D.
(1) The term “the first lease agreement” (hereinafter referred to as “the first lease agreement”) to lease KRW 80,000,000.
(2) M entered into a move-in report on May 29, 199 and completed the move-in report with himself as the householder and the defendant as the household member on July 21, 1999, and had been residing together with the defendant in the family room of this case.
The defendant changed himself to the householder on November 14, 2003, and M transferred on November 15, 2003 to N1 floor in Yangcheon-gu Seoul.
C. Since January 12, 2016, the Defendant entered into a contract with D to rent KRW 80,000,000 for lease deposit (hereinafter “instant lease contract”) and obtained a fixed date in the said lease contract around that time.
1) Meanwhile, the Plaintiff andO filed a lawsuit against D seeking compensation for damages caused by a fire that occurred in the instant subparagraph (Seoul Central District Court 2016Gahap50721, Sept. 14, 2017) with a person who leased the instant building No. h from D and resided with his/her family (Seoul Central District Court 2016Gahap50721, Sept. 14, 2017). The said court rendered a judgment in favor of the Plaintiff that “D shall pay to the Plaintiff KRW 387,838,462, and P, KRW 972,418,803, and damages for delay thereof,” while both of them appealed, the appellate court (Seoul High Court 2017Na2057777) dismissed all appeals on April 6, 2018. The said judgment became final and conclusive at that time.
3 The plaintiff andO are buildings of this case owned by C of the Seoul Central District Court C of January 9, 2018 with the above final judgment as executive title.