1. Of the part of the main claim in the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid.

The first instance court dismissed the Plaintiff’s claim for expenses incurred in executing the extradition order among the principal lawsuit, and accepted the claim for return of unjust enrichment equivalent to the monthly rent, and dismissed both the Plaintiff’s remaining principal lawsuit and the Defendant’s counterclaim.

In regard to this, the Plaintiff appealed to the claim for the amount of electricity paid in lieu of the remainder of the main claim dismissed as above, and the claim for the repair cost due to the damage to the building of this case.

Therefore, the part of the plaintiff's claim for the amount of electricity paid on behalf of the plaintiff and the claim for the repair cost due to the damage to the building of this case is subject to the judgment of this court.

Facts of recognition

On March 26, 2015, the ownership of the instant building and the details of the lease, and the relationship between the parties C (1987) and D (1982) acquired the ownership of the real estate listed in the separate sheet No. 1 (hereinafter “instant building”) at the ratio of 1/2 shares.

The Plaintiff, at the request of other creditors, sold the instant building at auction on February 28, 2018, acquired ownership by winning a successful bid for the instant building on the following grounds: (a) the period of lease expires while the Plaintiff operated thens from the first to the seventh floor of the instant building; and (b) the period of lease expires; and (c) the Plaintiff failed to receive the deposit from C and D.

As the mother and mother of C and D, the Defendant, along with the husband, managed the instant building with E, and from July 25, 2015, operated a singing room with the trade name “F” by leasing the eight floor and one rooftop of the instant building from July 25, 2015, and delivered the said part of the instant building to the Plaintiff on June 7, 2018.

The Plaintiff’s payment and settlement of electricity on the first floor of the building of this case is not divided into the electric measuring instruments installed on the first floor of the building of this case, and thus, the Plaintiff paid electricity on the F portion calculated by the Defendant’s husband E through the private design measuring instruments installed on the second floor of the building of this case to the Korea Electric Power Corporation.