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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. (1) On August 2, 2008, C leased an underground floor among the houses located in Seongbuk-gu Seoul Metropolitan Government D (hereinafter “instant real estate”) to the Plaintiff, but was unable to receive monthly rent. On March 24, 2011, C filed a lawsuit against the Plaintiff seeking delivery of the instant real estate by Seoul Central District Court 201Gahap27597 (Seoul Central District Court 201Gahap27597) against the Plaintiff. On March 24, 2011, C filed a lawsuit seeking reimbursement of overdue rent or unjust enrichment. The Plaintiff breached the duty of repair by the lessor, who was the lessor, due to inundation’s inundation, caused damages to the Plaintiff due to flooding, etc.
(2) On August 19, 2011, the above court rendered a judgment ordering a provisional execution with the purport that “the Plaintiff shall deliver the instant real estate to C, shall pay 400,000 won per month from August 3, 2010 to the completion date of delivery of the instant real estate, and shall pay 6,590,000 won per annum 20% per annum from August 24, 201 to the day of complete payment,” and the Plaintiff’s counterclaim was dismissed.
B. (1) The Defendant’s appraisal process, etc. (1) E is an execution officer affiliated with the Seoul Central District Court. On December 1, 201, 201, upon C’s delegation, the Seoul Central District Court completed the delivery execution of the instant real estate by the judgment of the above provisional execution court. The instant corporeal movables, such as CD and small wave, owned by the Plaintiff in the instant real estate (hereinafter “the instant corporeal movables”), were stored in F, the agent of C. On December 28, 2011, upon receipt of a sales order (Seoul Central District Court 201TTT 49613) from the executing court, the said order was sold on February 28, 2012.
G around January 2012, as an execution officer belonging to the Seoul Central District Court, prepared a protocol of appraisal of the instant corporeal movables (case No. 2011No. 6521), and the Defendant prepared a written appraisal of the instant corporeal movables in the execution case.
(2) The Plaintiff’s fact against the above G is the Plaintiff at the time of the delivery and execution of real estate on December 1, 201.