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1. The following shall be paid out of the main part of the judgment of the first instance and the council of occupants of the defendant C-building.
Reasons
1. Basic facts
A. Defendant School Foundation D (hereinafter “Defendant Corporation”) is the owner of the second underground floor No. 217 (hereinafter “instant office”) of the C Condominium in Young-gu, Suwon-si (hereinafter “instant building”) and leased the instant office to the Defendant C-building Occupant Council (hereinafter “Defendant Council”) which is the management body of the instant building.
B. On July 30, 2014, the Defendant Council set the instant office to F, from August 15, 2014 to August 15, 2015, the 15 million won of the sublease deposit and the 1.4 million won of the rent.
C. Around March 1, 2015, F decided to establish a primary Plaintiff and transfer G’s business (hereinafter “instant business transfer agreement”). On March 20, 2015, F entered into a new sub-lease agreement (hereinafter “instant sub-lease agreement”) on the condition that “The conjunctive Plaintiff and Defendant Council will re-preparation the contract by changing the lessee F to the primary Plaintiff and succeed to all the terms and conditions of the F’s license.”
Preliminary Plaintiff established the primary Plaintiff on March 24, 2015, and the primary Plaintiff used the instant office as an office and a work room from that time.
On May 21, 2015, the Defendant Council sent to the primary Plaintiff a notice to the effect that the sum of KRW 6,690,730, such as rent, management fee, and parking fee for March and April 2015 is in arrears. On July 3, 2015, the Defendant Council sent to the primary Plaintiff a notice to the effect that “the period of pre-loan expires on August 15, 2015 and the plan to use the instant office is to be delivered by the Defendant Council within the deadline.”
E. On July 14, 2015, the primary Plaintiff sought compensation for damages equivalent to KRW 54,300,000 in total due to water leakage in the instant office until July 13, 2015, which incurred by the Defendant Council.
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