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(영문) 수원지방법원 2014.08.12 2013가합27780

손해배상(기)

Text

1. Defendant B and C are 4,00,000 won to each Plaintiff and 5% per annum from November 5, 2009 to August 12, 2014.

Reasons

1. Basic facts

A. The Plaintiff was operating a original farm by leasing 13 temporary buildings (hereinafter “the instant building”) from G in terms of the land of the H (hereinafter “instant land”) and 13 temporary buildings on the instant land (hereinafter “the instant building”). However, on the instant land, there was more one building built by the Plaintiff in addition to the instant building.

The Plaintiff failed to pay rent for the instant land and the instant building to G, and upon request by G, the Plaintiff intended to leave the instant land and the instant building.

B. Defendant B had a factory building built with I on May 3, 2006, and purchased the instant land and building from G. A around that time, G and Defendant B demanded the Plaintiff to leave and agreed to deliver the instant land by November 30, 2006.

C. In order to obtain a building permit on the instant land, there was a need to remove the neglected ground objects. However, in consideration of the cost of the removal of the instant building, Defendant B, based on the premise that the Plaintiff should promptly leave the instant building from the instant land, was to remove and carry the instant building.

However, at early 209, the Plaintiff removed 12 of the instant building and stored part of the materials around the instant land, and requested K to manage the said materials, etc. to the staff of the J Co., Ltd. located adjacent to the instant land, when it is necessary for the Plaintiff to leave the remaining one building and one house attached to the Plaintiff’s building built.

E. Around October 2009, Defendant B demanded that the remainder of the building should be removed by communicating the Plaintiff again, but the Plaintiff did not appear. Accordingly, Defendant B attempted to perform its duties at its real estate brokerage office.