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(영문) 부산지방법원 동부지원 2017.04.26 2015가단214884

손해배상 등

Text

1. Defendant B and C jointly share KRW 26,316,00 with respect to the Plaintiff and the Plaintiff’s amounting to KRW 26,316,00,00 and the amount pertaining thereto from August 25, 2015 to April 26, 2017.

Reasons

1. Basic facts

A. In around 2004, Dong Construction Co., Ltd. started construction of E on the ground with the consent of the owners as to the site of 12 lots, including 23,688/37,700 square meters of D 1,110 square meters of Busan Seo-gu (hereinafter “instant site”).

B. On June 30, 2004, Encisan Construction Co., Ltd. leased temporary materials necessary for framework construction from the Plaintiff, a company engaged in the business of leasing temporary materials for construction, etc. (hereinafter “instant temporary materials”) on July 1, 2004, under a subcontract for framework construction among the above construction works, and suspended the construction during the period from the fourth to the first underground floor.

C. LSNA Co., Ltd. was awarded the instant land in the auction procedure and completed the registration of ownership transfer in its name on August 3, 2009, and Defendant A.B. D. A. D. purchased the instant land from LSNA and completed the registration of ownership transfer in its name on June 23, 201.

Defendant A.L.A. at the time of purchase of the instant site, the instant temporary materials were attached to the wall, floor, ceiling, etc. of E, the construction of which was suspended, or were loaded on the floor in a mountain range.

E. The Plaintiff, as the owner of the temporary material of this case, requested the Defendant A.B.A. to deliver it to the Defendant A.B., but the said Defendant rejected the delivery by asserting that the said provisional material was transferred to the ownership while purchasing the site of this case.

Accordingly, on October 19, 201, the Plaintiff filed a lawsuit against Defendant AAAAA, Inc. on the ownership basis against Defendant AA, and the said Defendant asserted that he had ownership on the ground of bona fide acquisition, etc., but in the end, the Plaintiff’s assertion was accepted and the judgment dismissing the appeal by the Supreme Court on May 23, 2013 was rendered on May 23, 201.