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(영문) 서울중앙지방법원 2018.11.21 2018나8582
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The defendant on December 10, 2002 attached Form

1. The registration of initial ownership is completed with respect to the building indicated in the list (hereinafter “instant house”), and the building under the above list (hereinafter “instant building”).

B. On December 23, 2013, the Plaintiff entered into a contract with the Defendant to lease the instant house with a deposit of KRW 50,000,000, monthly rent of KRW 900,000, and period of lease from January 25, 2014 to January 24, 2016 (hereinafter “instant lease contract”).

C. On September 28, 2016, the Plaintiff, while living together with the family members who received the instant house from the Defendant, retired from Korea around September 28, 2016.

The house of this case is in contact with the inner room and the living room of the house of this case, and the outdoor tenniss without a roof in the outer side and back of the front bend and the inner wall of the front bend are in contact with the outer side of the front bend and the rear bend, and the doors in the form of the window are installed between the rear bend and the outdoor park.

Attached Form

3. The left-hand part is the instant house.

(i) [The facts without dispute over the basis of recognition, Gap evidence 1, Eul evidence 1, Eul evidence 5, Eul evidence 5, the appraisal result by appraiser E, the purport of the whole pleadings;

2. The plaintiff's assertion

A. A. Around January 2015, nonperformance liability ① occurred on the wall surface inside the instant house.

Because of the above, the plaintiff's fung in fung, cremation, and fung, and the malodor has not been used due to the occurrence of malodor.

The defendant is liable to compensate the plaintiff for damages equivalent to 5,400,000 won in total of the market price of the above household.

② On June 20, 2015, rainwater was found to be dried, as rainwater was flooded due to a concentrated rain.

Due to the above inundation, the plaintiff's sound equipment in the back beerle and the powder can bed, etc. were damaged.

The Defendant is liable to compensate the Plaintiff for damages equivalent to KRW 16,00,000 in total amount of KRW 16,000,000,000 in value reduction of goods, such as bags, etc.

(b) Structure responsibilities (1) from April 5, 2016

4. As between July, this case.

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