(영문) 서울북부지방법원 2016.10.13 2015가합2793

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(영문) 서울북부지방법원 2016.10.13 2015가합2793

손해배상

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is co-owner who owns 1/2 shares of the second floor housing located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant housing”) and Defendant B is a person who leases all the second floor of the instant housing from the Plaintiff.

B. On October 31, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C and D, stipulating that all the two floors of the instant housing are KRW 70 million as security deposit and the term of lease from December 13, 2011 to December 12, 2013 (hereinafter “instant lease agreement”).

C. Defendant E, as a broker assistant of the licensed real estate agent office operated by Defendant C, provided assistance to the broker at the time of concluding the instant lease agreement, and Defendant F is the husband of Defendant B.

Defendant B and F have occupied the second floor of the instant housing from December 13, 2011 to the present date.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion was that the Plaintiff operated a business body with the trade name H on the half, underground office and rooftop of the instant house. On or around June 2008, the occurrence of an accident occurred due to the error of the Seoul Special Metropolitan City Waterworks Business Department, which caused damage to the goods of the said company. Accordingly, while the Plaintiff filed a claim for damages against the Seoul Special Metropolitan City Seoul High Court, the Plaintiff had to prove the size of the damaged goods while proceeding with the appellate trial

In such a situation, by forging the instant lease agreement in collusion with Defendant C, D, and E, Defendant B and F illegally occupied the second floor of the instant housing in collusion with Defendant B. The Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 289,524,00, which is equivalent to the goods damaged by the said company, and damages for delay.

B. Each of the evidence Nos. 1 through 7 is alone stated by the Defendants.

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