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(영문) 서울고등법원 2012.12.07 2011나88452
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the defendant ordering payment in excess of the amount ordered under the following paragraph (2).

Reasons

1. Remodelling works for the part of the building owned by the defendant, including the plaintiff;

A. The Plaintiff, etc., as married couple from February 25, 1997, owns the real estate listed in the separate sheet No. 1 and 2 (hereinafter “real estate indicated in the separate sheet No. 4007” and “No. 4008” as stated in the separate sheet No. 1 and 2). The real estate listed in the separate sheet No. 1 and 1/2 (hereinafter “real estate listed in the separate sheet No. 4007”) are owned by the Plaintiff alone. The real estate listed in paragraph (3) of the separate sheet No. 4017 (hereinafter “No. 4017”) is owned by the Plaintiff.

Plaintiff

The aggregate of the exclusive area of the commercial buildings owned by others is 250.56 square meters, and the aggregate of the common areas, such as parking lots, stairs rooms, corridors, elevators, toilets, etc., is 413.74 square meters.

Plaintiff

The above commercial building was leased to a private teaching institute operator or the plaintiff used it as a art teaching school.

B. On May 31, 2007, the Defendant owned most parts of the instant building, excluding the part owned by the Plaintiff, etc., and removed the interior facilities, such as the ceiling, etc. of the instant building, by June 2007, without the consent of the Plaintiff, etc. or the permission of the competent authorities.

C. The instant building has not been completed even until the date of the closing of argument in the trial, and is left unattended until the date of suspension of construction after the commencement of construction.

【In the absence of any dispute, the ground for recognition 【A’s evidence 1 through 4, A’s evidence 7 through 10, A’s evidence 13 through 15, A’s evidence 26 through 28, A’s evidence 31, and 35(including the numbers; hereinafter the same shall apply) and images, the result of on-site inspection by the first instance court, testimony by the first instance court witness G, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The instant remodeling project, which is the basis of liability, changes the internal facilities of the entire story, and thus is the Plaintiff, etc. who is a sectional owner.

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