(영문) 서울남부지방법원 2018.05.31 2017나64666

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(영문) 서울남부지방법원 2018.05.31 2017나64666

정산금등청구의 소

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1. Of the judgment of the court of first instance, KRW 1,950,000 against the Plaintiff and its related thereto, from February 24, 2017 to May 31, 2018.

Reasons

1. According to the evidence Nos. 1, 2, and 5 of the basic facts, the Plaintiff leased the Defendant, Yangcheon-gu Seoul and 401 (hereinafter “instant building”) owned by the Defendant, and resided therein from October 28, 2010 to February 23, 2017, and the Plaintiff paid KRW 1,950,000,00 in total as the long-term repair appropriations for the instant building on behalf of the Defendant, the owner during the said residence period.

2. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff paid KRW 1,950,00 as long-term repair appropriations for the instant building while residing in a leased building. As such, the Defendant, the owner of the instant building, should return the said money to the Plaintiff. 2) On January 2016, the boiler of the instant building, the 301 (hereinafter “instant 301”) where the boiler of the instant building, she was out of the 201 (hereinafter “instant 301”).

The owner of the instant 301 demanded KRW 500,000 as the repair cost of water leakage, and the Plaintiff paid KRW 300,000 to the owner of the instant 301 on February 23, 2017.

Since the above money is the money to be borne by the owner of the building of this case, the defendant must return the money to the plaintiff.

B. The Defendant’s assertion that the instant building should be restored to its original state if the lease contract is terminated at the time of the lease agreement.

However, at the time of the Plaintiff’s return of the instant building to the Defendant, there were parts necessary for repair of 19 military teams, such as damage of kimchi air conditioners, damage of knife even singing door, damage of air conditioners, and damage of air conditioners glass, and only part of the building was restored to its original state and removed from the original state.

Therefore, when offsetting the long-term repair appropriations to be returned to the Plaintiff in total to KRW 3,110,800, the Defendant does not have any money to be returned to the Plaintiff.

The water leakage phenomenon of the instant No. 301 was caused by the Plaintiff’s failure to properly manage the boiler room distribution facilities of the instant building.

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