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(영문) 인천지방법원 2015.06.16 2014나51435
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to a claim for damages due to a tort

A. (1) The establishment of tort liability is established (i) the new owner of the relevant legal doctrine succeeds to the management expenses for common areas among the delinquent management expenses, and the new owner does not succeed to the legal effect due to the delinquency in the management expenses for the former sectional owner, and it is obvious that the new owner acquired the sectional ownership, and thus, the payment of the succeeded management expenses cannot be deemed to have been delayed. Therefore, the maintenance of the measures such as the cutting-out and cutting-out, which had been detrimental to the former sectional owner even though the new owner succeeded to

Furthermore, it is insufficient to say that measures such as power failure and water were in accordance with the management rules in order not to constitute a tort as a legitimate act. It is limited to the case where it is deemed to lack of illegality due to the lack of social norms in light of various circumstances, including the motive, purpose, means and methods of taking such measures, the developments leading to such measures, the degree of damage suffered by the occupants, etc.

(A) The following facts are acknowledged in light of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 2, 3, and 19; and (c) the video of evidence Nos. 11, 2, 3, and 11.

1) The Plaintiff in the Seoul Central District Court A voluntary auction case at the Seongbuk-gu Seoul Central District Court (hereinafter “instant building”) 609-1 Hanjin apartment sports center (hereinafter “instant building”).

) Of the underground first floor No. 5404, 5405 (hereinafter “instant heading”).

(2) The previous owner of the family room in this case completed the registration of ownership transfer on September 25, 2012, after receiving a decision to permit the sale of the common areas, and paid the full amount of the sale price on September 3, 2012.

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