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(영문) 의정부지방법원 2017.05.11 2016가단31442

손해배상 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 27, 2012, the Plaintiff filed a suit against the Defendant seeking the payment of KRW 83,338,000 in total, including the removal and restoration cost, construction cost, etc., as a claim for damages arising from the tort and exclusion of interference based on ownership, and the tort, with the District Court of the Republic of Korea (2012dan13057).

B. The Defendant filed an application for provisional attachment of real estate No. 2014Kadan5046, August 7, 2014 with respect to the Defendant’s damage claim of KRW 136,659,000 against the Plaintiff as to the first floor (retail stores) of Class I neighborhood living facilities (retail stores) in the concrete branch roof No. 99.21m2, and KRW 677m2,00 (hereinafter “each of the instant real property”), which is owned by the Plaintiff as the Defendant, as the obligor, and received the provisional attachment order from the said court on August 7, 2014 (hereinafter “instant provisional attachment order”). Around that time, the provisional attachment registration was completed with respect to each of the instant real property.

C. On August 8, 2012, the Defendant asserted against the Plaintiff that “In order to enhance the level of use of 2,975 square meters in Gyeonggi-do E, Gyeonggi-do, and Gyeonggi-do, in around 2009, the Defendant filed a counterclaim against the Plaintiff for the payment of KRW 239,60,000,000 for damages incurred by the Plaintiff’s restoration to its original state due to the concentration of the said land, which occurred on July 27, 2011, the Defendant filed a suit against the Plaintiff, claiming that “The Plaintiff incurred damages from KRW 239,60,000,000,000, which was installed on the said land.”

[This case is transferred to a civil collegiate panel [2012Gahap71197, 2012Gahap712122Gada154378 (Counterclaim]]].