beta
(영문) 수원지방법원 2021.02.03 2020나56827

손해배상(기)

Text

The plaintiff's appeal is dismissed.

2. According to the claims added by this court, the defendant 1,000,000 won and the plaintiff.

Reasons

1. Basic facts

A. In around 2002, the Plaintiff leased and used part of E forest 1,923 square meters (hereinafter “instant land”) and the plastic warehouse (hereinafter “the instant vinyl”) from the Defendant’s husband in the lower-nam city owned by the Defendant’s husband D (hereinafter “instant land”).

B. D on April 6, 2015, sold the instant land in KRW 172,00,000 to C, and completed the registration of the transfer of ownership on April 8, 2015.

(c)

Before and after the time of the sale and purchase of the instant land, the Defendant requested that the instant vinyl be cut off to the Plaintiff several times, but the Plaintiff did not comply with the demand for reasonable amount of director’s expenses for a long time.

(d)

C On April 7, 2016, D sent to D a document verifying that “The instant vinyl and garbage, etc. were put up within four months from the date of the purchase and sale of the instant land at the time of the purchase and sale, but have not yet been implemented. As such, C would withdraw the legal measures, such as a claim for damages and a lawsuit seeking invalidation of a contract, if the said goods were not performed by April 20, 2016,” and the said mail was served to D around that time.

E. On April 19, 2016, the Defendant arbitrarily removed the instant vinyl through the removal company around April 19, 2016, and carried out items, etc. stored inside and outside the said vinyl, and thereafter, the Plaintiff did not possess and use some of the instant land and the instant vinyl.

F. The Plaintiff, on November 15, 2016, was issued a disposition of non-prosecution on the following facts: “The Defendant stolen the equipment, etc. equivalent to KRW 3,000,000 for Buddhist temples, which was kept in the instant vinyl from the beginning of April 2016 to the end of May 2016, for the non-permanent inspection of an amount of KRW 40,000, the market price of which was equivalent to KRW 3,000,000, and the head of the landscape gardening for Buddhist temples, the market price of KRW 3,00,000, and the medical marina equipment, etc. equivalent to the market price of KRW 10,000,000,” with respect to criminal facts: (i) the Plaintiff was found to have been subject to a disposition of non-prosecution on November 15, 2016 (Evidence of evidence).