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(영문) 서울중앙지방법원 2018.01.29 2017나23980
손해배상 등
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s revocation part shall be the Defendants.

Reasons

1. Basic facts

A. On March 5, 2009, Defendant Hani (hereinafter “Defendant Hani”) leased (i) No. 601, Yongsan-gu, Seoul (hereinafter “instant house”) of the 1,776,60,000, and (ii) for five (5) years from the starting date of the designation period for occupancy of the building in Yongsan-gu, Seoul (hereinafter “instant house”) owned by B, and the Plaintiff was residing in the instant house from September 201 to December 2013.

B. On February 25, 2011, Defendant Han-man completed the registration of ownership transfer in the future of Korea Trust Co., Ltd. on the ground of trust regarding the instant housing.

Meanwhile, Article 2(1) of the Trust Trust Register provides that “The actual management of the trusted real estate, such as actual possession, maintenance, sale in lots or lease, and receipt of rents and rental deposit, shall be handled by the truster,” and Article 2(2) of the Trust Trust Register provides that “all of the maintenance and repair expenses, such as taxes, public charges, and management expenses, etc. for the trusted real estate

C. On March 25, 2012, Defendant K non-life insurance Co., Ltd. (hereinafter “Defendant K non-life insurance”) concluded a comprehensive property insurance contract with the insured Defendant Han-man (hereinafter “Defendant K non-life insurance”) by setting the insurance period from March 25, 2012 to March 24, 2013.

On August 24, 2012, the instant housing was located in the Ddong Unit where the instant housing was located, and leakage occurred in the instant housing bedroom, etc.

(hereinafter “instant water leakage incident”). 【The ground for recognition” did not have any dispute, Gap’s Nos. 1, 3, 5, 6, and 13 (including virtual numbers; hereinafter the same shall apply), Eul’s No. 1, Eul’s No. 1, Eul’s No. 1, and 2, and the purport of the entire pleadings.

2. The plaintiff's assertion and judgment

A. (1) On August 24, 2012, the Plaintiff’s assertion (1) caused the instant water leakage accident, which was destroyed by the clothes, scenic bags, etc. equivalent to KRW 156,50,000, which the Plaintiff stored in the instant house-to-be stay room, etc.

(2) Defendant.

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