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(영문) 서울남부지방법원 2018.09.13 2017가합111339
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff shares the 2nd floor of the steel-frame glargel roof in ASEAN and Macheon-si, the two general factories, the 490.00 square meters and the 355.25 square meters and the 2nd floor (hereinafter “the instant damaged building”).

The Plaintiff used the instant damaged building as a warehouse of the research institute as the director of the E-Research Institute, and stored a collection of meteorites, minerals, etc.

B. The F land (hereinafter “F land”) adjoining to the south-east of the west-si D Land (hereinafter “D”) and the F land (hereinafter “H land”) adjoining to the south-east of the F land (hereinafter “G land”) and H land (hereinafter “H land”), F, H, and G land.

The F land has a 197.6 square meters (hereinafter referred to as the “instant neighboring building”), 48.84 square meters (hereinafter referred to as the “instant neighboring building”), and 46.8 square meters (hereinafter referred to as a “46.8 square meters) with a registered building on the land of F, and there are six unregistered buildings.

H On the ground, there are 140.4m2, 190m2, and 190m2, a 14th floor factory in Busan Metropolitan City, Busan Metropolitan City, Busan Metropolitan City, and a 14th building not registered.

The owners of each of the instant lands and their ground buildings are Co., Ltd. I (hereinafter “I”).

C. On April 17, 2014: (a) around 04:16, a fire (hereinafter “instant fire”) occurred in a 7th square meters container restaurant installed immediately adjacent to the instant neighboring building (hereinafter “instant restaurant”), and 620 square meters out of the total floor area of the instant restaurant and the instant adjacent building and the 845.25 square meters of the instant damaged building.

On June 23, 2014, the Plaintiff filed a lawsuit against I seeking compensation for damages caused by the instant fire (hereinafter “prior lawsuit”) with the District Court 2014Kahap53094.

C On March 12, 2015, the Plaintiff transferred to the Plaintiff the damage claim against I due to the instant fire, and delegated the power to notify the assignment of the claims, and the Plaintiff is to I around April 15, 2015.

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