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(영문) 대구고등법원 2016.04.07 2015나1766

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. The reasons for the court's explanation of this case are as follows: "At that time, the plaintiff paid 500 million won to the defendants for the lease deposit of this case and started to operate the marina in the E-building of this case" of the first instance court's 3th judgment; "(E) No. 9 of the 4th unit "(E) land is the land of Asan City and Y in Asan City connected to the land of this case, and permission to occupy and use a green area was made about the land of Asan City and Y, and permission to occupy and use a green area was made about each of the above land)"; "No. 10 of the 4th unit's 10th unit's 10th unit's 3th 10th 10th 6th 10th 3th 100; "No. 15th 17th 3th 3th 2012," and "No. 15th 17th 3th 7th 3th 13th 20.".

Inasmuch as there is no evidence to acknowledge the existence of special circumstances, such as the Plaintiff’s declaration of intent to reserve the claim for damages, the Plaintiff cannot still file a claim for damages.

Except as to “the Supreme Court Decision 2013Da8755 Decided November 28, 2013 (see, e.g., Supreme Court Decision 2013Da8755, Nov. 28, 2013).” As such, the reasoning of the judgment of the first instance is the same as that of the judgment

2. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.