손해배상(기)
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. The Defendants asserting that the Plaintiff’s assertion was the successful bidder of the studio building leased and used by the Plaintiff, and disposed of the goods, such as the stairs of the above building, the art works, the art works, and the sports machinery owned by the Plaintiff in the corridor without the Plaintiff’s consent. The Defendants are obliged to pay the Plaintiff KRW 406,870,000, which is the market price of the above goods, as compensation for damages.
2. According to the reasoning of the judgment, the Defendants: (a) awarded a successful bid for the instant building as indicated in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer on April 12, 2016; (b) there is no dispute between the parties; (c) according to the entries in the evidence No. 5; and (d) witness witness D’s testimony, D performed the auction, etc. of the instant building at the request of the Defendants; and (d) on February 27, 2017, the Defendant was found to have been punished by a summary order of KRW 300,000,000 in the market price of the instant building, which was under custody in the stairs of the instant building on June 20, 2016.
However, the above facts and the evidence presented by the Plaintiff alone existed in the stairs of the instant building, etc., as alleged by the Plaintiff.
It is insufficient to deem that the Defendants ordered D to remove the goods owned by the Plaintiff, and there is no other evidence to acknowledge otherwise.
3. Conclusion, the Plaintiff’s claim against the Defendants is dismissed as it is without merit. It is so decided as per Disposition.