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1. The Plaintiff (Counterclaim Defendant) paid KRW 550,00 to the Defendant (Counterclaim Plaintiff) for KRW 550,00 and against this, from June 15, 2015 to May 15, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On March 25, 2015, the Plaintiff purchased the entire first floor, 102, 103, 104, and 105 underground of a D apartment shop (hereinafter “instant commercial building”) located outside Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, and the Defendant purchased the instant commercial building No. 101 on December 24, 2001 and operates the beauty room at that place.
B. Around July 2014, the Defendant leased No. 101 of the instant commercial building to E. Around the same day. Around that day, E had a door set up in favor of the window heading from the front door door to the opposite door of the entrance, and there was an underground ventilation tool in front of the entrance.
C. After concluding a contract on the transfer of the right to lease No. 101 of the instant commercial building to F, E was temporarily set a beauty room. However, around June 15, 2015, the Plaintiff: (a) released the container on the glass door and the glass wall of the instant shopping mall No. 101; and (b) obstructed the entrance by installing a shack pipe and a wooden plate.
As a result, the Plaintiff was sentenced to a fine of KRW 50,00 on November 22, 2016 in Seoul Southern District Court 2016 High Court Decision 559 on Property Damage.
E. Accordingly, the Defendant had a construction work to restore the entrance closed by the Plaintiff to its original state. The cost incurred therefrom was required to KRW 50,000. After that, the Defendant installed a reinforced glass in the front of the entrance, which is in the same form as that of the instant commercial building owned by the Plaintiff, to prevent the inflow of rainwater into the underground floor. The Defendant installed a ventilation facility of the underground floor next to the reinforcement glass.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, Eul evidence Nos. 1 through 5, 7, 8, 10, 12, and 13 (including paper numbers) and the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The plaintiff asserted that the defendant successively connects each of the two points in the attached drawings 2, 3, 4, 5, and 2.