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(영문) 서울중앙지방법원 2015.11.19 2015나23184
건물명도
Text

1. Of the judgment of the court of first instance, the following amounts to order additional payments with respect to counterclaims:

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On August 4, 2012, the Plaintiff entered into a lease agreement with the Defendant and entered into an obligatory lease agreement (hereinafter “instant lease agreement”) with the effect that the apartment as indicated in the attached Form (hereinafter “instant apartment”) owned by the Plaintiff is leased KRW 790,000,000, and the lease term shall be from September 28, 2012 to September 27, 2014 and the Defendant shall be leased to the Defendant (hereinafter “instant lease agreement”).

B. On September 21, 2012, the Defendant discovered that water leakage was incurred due to the defect in the food washing pipe pipe pipes of the instant apartment, notified the Plaintiff’s agent, and subsequently, ordered SK Construction Co., Ltd. (hereinafter “SK Construction”), a contractor of the instant apartment, to repair the said defect and remove mycoto, etc., and only on October 19, 2012 (21 days delayed occupancy) the completion of the said construction, the Defendant resided in the instant apartment after delivery.

C. Upon the occurrence of defects during the occupancy period and the Defendant’s response 1) on July 22, 2013, the Defendant suffered from flood damage, such as flooding, the living room and the inside room, etc., of the instant apartment, due to the storm storm, the construction of KS was replaced with the floor of the instant apartment for about 18 days from August 30, 2013 to September 16, 2013, and the construction of Fung removed Fung was conducted on September 27, 2013, and the construction of KS was conducted for about 8 days from September 28, 2013 to October 5, 2013, the construction of the instant apartment was conducted for about 204 days from the entrance of the instant apartment to around 2014 to the removal of the wall of the instant apartment, and the construction of the Defendant’s family members were conducted for about 204 days from the date of 204.27.27.

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