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(영문) 인천지방법원부천지원 2016.11.08 2015가단30598

손해배상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The lease relationship 1) The Defendant is the building with the 2nd floor size of the 2nd floor located in the Bupyeong-gu Seoul Metropolitan Government (hereinafter “the factory of this case”).

(2) The Defendant was the owner of the instant plant on February 2013, 2013, and leased the instant factory to D as KRW 60,000,000, monthly rent 8,000,000 (excluding value-added tax) and the period from February 28, 2013 to February 27, 2015.

B. On June 23, 2014, the Plaintiff’s executive title D with D will pay to the Plaintiff the Plaintiff the debt amounting to KRW 84,162,800,000, the E-Joint Law Office Deed No. 190, July 1, 2014. If the Plaintiff is unable to pay by the said deadline, a promissory note notarial deed was prepared and issued to the effect that he/she accepts compulsory execution.

C. The Plaintiff’s compulsory execution 1 for the instant corporeal movables: (a) delegated a compulsory execution against D’s corporeal movables to an execution officer affiliated with the Incheon District Court Branch Branching the said notarial deed as the executive title (see, e.g., Supreme Court Decision 2015Du251, Feb. 24, 2015). On February 24, 2015, the said execution officer: (b) placed the corporeal movables in the attached list on the building located in the YY-gu, Y-si, Y-si; and (c) attached the corporeal movables in the attached list by means of sealing, etc.

On the other hand, on October 1, 2015, the execution officer affiliated with the above court moved to the above execution place for the inspection of seized objects, and confirmed that all of the instant corporeal movables were nonexistent.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The plaintiff alleged that the defendant committed a tort, such as arbitrarily disposing of the corporeal movables of this case with a seizure indication, and filed a claim against the defendant for payment of 56,850,000 won and damages for delay incurred therefrom.

3. Determination

(a) organized, as far as possible, in the order of time;

1. The factory of this case.