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(영문) 대전지방법원 2016.03.17 2015가단227786
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 26, 2012, the Plaintiff asserted that he/she entered into a lease agreement with the Defendant on the premise that he/she moves into between the Defendant and Seoan-gu B house 303 in Seoan-gu, Seoan-gu.

However, since C, a tenant, destroyed the above building while living, the tenant, the defendant should compensate the plaintiff for the damages (the cost of restoring the building to its original state and the consolation money) incurred by the damage to the building.

2. According to the evidence No. 6 and evidence No. 3, it is recognized that the Plaintiff, as a lessor, shall be directly resolved between the lessor and the occupant in the event of a dispute arising from a defect in the house itself or a defect in the use of the house in accordance with Article 4(4) of the lease agreement concluded by the Defendant as a tenant by C as a tenant.

However, the plaintiff's assertion itself is a dispute arising from defects arising from the use of a house, which is a leased object, and the plaintiff cannot seek compensation for damages to the defendant who is the lessee.

In addition, the evidence submitted by the plaintiff alone is insufficient to recognize that the crack of the building claimed by the plaintiff was caused by the tenant C's act, and there is no other evidence to recognize it.

In the end, either mother or the plaintiff's assertion is without merit.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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